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United States of America v. Zhiqiang Zhang

January 15, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ZHIQIANG ZHANG, DEFENDANT.



The opinion of the court was delivered by: Hon. Lucy H. Koh United States District Court Judge

Shira Kieval (SBN: 269409) Thomas J. Nolan (SBN: 48413) 2 3 4 5 Attorneys for Defendant 6 Zhiqiang Zhang 7 8

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

Before the Honorable Lucy H. Koh

The undersigned parties respectfully request that the status hearing currently scheduled for January 23, 2013, be continued to April 17, 2013 for change of plea. The parties do not anticipate 20 requesting any additional continuances in this matter. 21

The parties have reached a tentative resolution in this case. Specifically, the parties have 22 negotiated a plea agreement under Rule 11(c)(1)(C) that is contingent upon Mr. Zhang 23 participating in a debriefing with the Government and SiRF/CSR regarding the proprietary 24 information at issue in the case. 25 26

The agreement in principal is complex and was reached after several months of good faith negotiations. The parties have participated in two settlement conferences with the Honorable 28 Judge Ronald Whyte, on October 4 and November 21, 2012. Third-party SiRF/CSR was present 2 for both conferences. It was anticipated on November 21 that more settlement conferences might 3 be needed, and Judge Whyte has retained jurisdiction to supervise the settlement process. 4

5 and been actively engaged in settlement negotiations. As part of these negotiations, defense 6 7 counsel has investigated the specific factual basis for a new charge contained in a proposed

Superseding Information and proposed plea agreement. The parties have exchanged factual 9 information and evidence to assist counsel for the Government and Mr. Zhang. Defense counsel 10 10 has investigated possible civil liabilities that might arise from entrance into the proposed plea 11 11 agreement, and worked to mitigate such liabilities. 12 12

13 13 information and evidence. The parties anticipate completing this debriefing and reaching a final 14 14 15 15 agreement on or before April 17, 2013. In addition, defense counsel anticipates reaching a resolution with third-party SiRF/CSR by April 17th.

The parties estimate that 55 days remain under the Speedy Trial Act.

The parties require approximately 90 days in order hold the proffer sessions at which they 19 19 will exchange the factual information and evidence required to resolve this case. Additionally, 20 20 defense counsel requires this time to continue to work with third-party SiRF/CSR to mitigate the 21 21 22 22 possible civil liabilities that might arise from Mr. Zhang accepting the plea agreement. The requested continuance is necessary for the effective preparation of counsel, and to afford Mr. Zhang an opportunity to cooperate with the Government in order to obtain the proposed plea 25 25 agreement. Furthermore, defense counsel needs the time to adequately advice Mr. Zhang 26 26 regarding the proposed plea agreement. See Lafler v. Cooper, 132 S.Ct. 1376 (2012); Padilla v. 27 27

Kentucky, 130 S.Ct. 1473 (2010). 28 28

Between these conferences and since, the parties have met regularly, conferred regularly, Through one or more proffer sessions, the parties will continue to exchange factual

Therefore, having worked diligently to this point, the parties request an exclusion of time 2 under the Speedy Trial Act. The parties agree and stipulate that an exclusion of time is 3 appropriate based on the need for effective preparation of counsel, 18 U.S.C. §§ 3161(h)(7)(A) & 4 (B)(iv), and because the case is complex due to the nature of the charges, 18 U.S.C. § 5 3161(h)(7)(B)(ii). The parties stipulate and agree that an exclusion of time is also appropriate 6 7 because otherwise it would be impossible to continue ...


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