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United States of America v. Alley et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 4, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ALLEY ET AL., OAKLAND VENUE
DEFENDANT.

The opinion of the court was delivered by: Hon. Kandis A. Westmore United States Magistrate Judge

LAW OFFICES OF ERICK L. GUZMAN 2 Cal. Bar No. 244391 740 4th 3 St. Santa Rosa, California, 95404 4 T:(707) 595-4474\ F:(707) 540-6298 E: elg@guzmanlaw.org 5 Attorney for Defendant 6 Omari Evans7 8

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

Current Court Date: Jan 7, 2013 09:30 AM 17

Proposed Court Date: Jan 11, 2013 09:30 AM Location: Courtroom 4, 3rd Floor

The above-captioned case is currently scheduled for a status conference on January 7, 2013 at 09:30 A.M. However, counsel for Mr. Evans is scheduled has a conflict on that date. 24

Accordingly, the parties have agreed to vacate the January 7, 2013 hearing date, and continue the 25 status hearing to January 11 at 09:30 A.M. 26 27 28

Furthermore, the parties stipulate and jointly request that time be excluded from the 2 Speedy Trial Act calculations from January 7, 2012, through January 11, 2013 for continuity, 3 effective preparation of counsel, and preparation for trial. 4

The parties agree that the ends of justice served by granting such a continuance outweighed 5 the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A). 6 7

To date, all time has been excluded under the SpeedyTrialAct, Title18, United States Code, Section 3161 and seventy days therefore remain on the Speedy Trial clock. 9

IT IS SO STIPULATED 10 11

For good cause shown, the motion hearing now scheduled for January 7, 2013 is vacated. 4

The matter shall be added to the Court's calendar on January 11 at 9:30 A.M. 5

In addition, for the reasons stated above, the Court finds that an exclusion of time from 6 7 January 7, 2013 through January 11, 2013 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 9 U.S.C. §3161(h)(8)(A). The failure to grant the requested continuance would deny defense counsel 10 the reasonable time necessary for effective preparation, taking into account the exercise of due 11 diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv). 12

IT IS SO ORDERED.

20130104

© 1992-2013 VersusLaw Inc.



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