MELINDA HAAG (CABN 132612), United States Attorney, MIRANDA KANE (CABN 150630), Chief, Criminal Division, BRIGID S. MARTIN (CABN 231705), Assistant United States Attorneys, Oakland, CA. Attorneys for the United States of America.
STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA HEARING AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT
DONNA M. RYU, Magistrate Judge.
The above-captioned matter is currently set for a change of plea hearing before the duty United States Magistrate Judge on April 30, 2013, at 9:30 a.m. The parties stipulate and request a continuance for the change of plea until May 14, 2013.
The parties further stipulate and request an exclusion of time under the Speedy Trial Act between April 30, 2013 and May 14, 2013. Time is appropriately excluded under the Speedy Trial Act for effective preparation of defense counsel while the defense conducts necessary legal and factual research to properly evaluate the government's plea offer in this case and make certain that any factual basis in an anticipated plea is accurate. 18 U.S.C. § 3161(h)(7)(B)(iv).
ORDER RESETTING CHANGE OF PLEA HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
The parties jointly requested that the April 30, 2013 change of plea hearing in the above-captioned case be vacated and that the Court reset the hearing on May 14, 2013, at 9:30 a.m. The parties also requested that time be excluded under the Speedy Trial Act between April 30, 2013 and May 14, 2013, for defense to conduct additional legal and factual research in connection with defendant's evaluation of the government's plea offer. The Court grants the parties' requests and therefore.
IT IS HEREBY ORDERED that the April 30, 2013 hearing is VACATED, and RESET to May 14, 2013.
IT IS FURTHER ORDERED that based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between April 30, 2013, and May 14, 2013, would unreasonably deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between April 30, 2013, and May 14, 2013, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ...