UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
November 27, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
VISHAL DASA, RAMAKRISHNA REDDY KARRA TUSHAR TAMBE ANJI REDDY DIRISANALA, DEFENDANTS.
The opinion of the court was delivered by: Judge Ryu United States Magistrate Judge
GALIA A. PHILLIPS -- CA BAR #250551 1300 Clay Street, Suite 600 Oakland, CA 94612 Telephone: (510) 596-1700 Facsimile: (510) 596-1701 Attorney for Defendant ANJI DIRISANALA
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE TO NOVEMBER 29, 2012 AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT Hearing Date: November 29, 2012 Time: 9:30 am 16 17
The above-captioned matter is set on November 29, 2012 before this Court for a status 23 hearing. The parties jointly request that the Court continue the matter to January 4, 2013, at 9:30 24 a.m., before the magistrate, and that the Court exclude time under the Speedy Trial Act, 18 25 U.S.C. § 3161, between November 29, 2012 and January 4, 2013, so that the defense can have 26 additional time to review and assess the voluminous discovery in this case. 27 On October 7, 2011, the United States Attorney filed a one-count Information charging 28 defendants with conspiracy to commit visa fraud in violation of 18 U.S.C. §§ 371 and 1546(a).
On October 11, 2011, the defendants appeared before the magistrate court, waived Indictment 2 and were arraigned. Defendants face a maximum sentence of five years imprisonment on this 3 charge. 4
By way of background, this case is related to a larger investigation involving Tri-Valley University ("TVU"), which the government has alleged was a sham university that accepted 6 foreign students and issued legal status for these students without requiring that they attend 7 classes. See Indictment in United States v. Susan Su, CR 11-00288-SBA. 8
9 discovery that the government has already produced, which includes voluminous files from TVU 10 computers that the government seized and that the defendants need to review. Additionally, the 11 defense requested that the government produce additional discovery relating to the broader 12 investigation in this case, which the government recently produced. Finally, counsel for Tushar 13
Tambe, Ramakrishna Karra and Vishal Dasa are unavailable on November 29, 2012. For these 14 reasons, the parties agree that the case should be continued until January 4, 2013. 15
16 outweigh the best interest of the public and the defendants in a speedy trial. The parties further 17 agree that the failure to grant this continuance would unreasonably deny counsel for defendants 18 the reasonable time necessary for effective preparation, taking into account the exercise of due 19 diligence, and deny continuity of counsel. Accordingly, the parties agree that the period of time 20 from November 29, 2012 to January 4, 2013 should be excluded in accordance with the 21 provisions of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), for effective 22 preparation of defense counsel and continuity of counsel, taking into account the exercise of due 23 diligence. 24
Dated: November 26, 2012 By: /s/ ANGELA HANSEN
The four defendants charged in this related case request additional time to review the
The parties stipulate and agree that the ends of justice served by this continuance
It is so stipulated.
Based on the reasons provided in the stipulation of the parties above, the Court hereby
1. Given that this case is related to a larger investigation involving Tri-Valley University
7 and the Indictment in United States v. Susan Su, CR 11-00288-SBA, and that the government 8 produced discovery to defendants that includes voluminous computer files from the University 9 that the defense needs to review; 10
2. Given that a complete review of the discovery is necessary to the defense preparation 11 of the case and that the failure to grant the requested continuance would unreasonably deny 12 counsel for defendants the reasonable time necessary for effective preparation, taking into 13 account the exercise of due diligence; 14 3. Given that counsel for Tushar Tambe, Ramakrishna Karra and Vishal Dasa are 15 unavailable on November 29, 2012 and a continuance is necessary for continuity of counsel; 16 4. Given that the ends of justice served by this continuance outweigh the best interest of 17 the public and the defendants in a speedy trial; 18
Based on these findings, IT IS HEREBY ORDERED that the STATUS date November 29, 2012, scheduled at 9:30 a.m., before Judge Ryu, is vacated and reset for January 20 4, 2013, at 9:30 a.m. before Judge Ryu. It is FURTHER ORDERED that time is excluded 21 pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), from November 29, 22 2012 until January 4, 2013. 23
IT IS SO ORDERED.
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