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United States v. Brown

United States District Court, Ninth Circuit

May 2, 2013

UNITED STATES OF AMERICA,
v.
LAFONSO LUKE BROWN, RASHAD RAKEEM BROWN, RAKEEM MARCELLES BROWN, and MARCELIS FITZGERALD LEE, Defendants.

MELINDA HAAG, (CABN 44332) United States Attorney, MIRANDA KANE, (CABN 163973) Chief, Criminal Division, NATALIE LEE, (CABN 277362) Assistant United States Attorney, San Francisco, California. natalie.lee2@usdoj.gov Attorneys for the United States of America.

ELIZABETH FALK, Attorney for Lafonso Luke Brown.

MICHAEL HINCKLEY, Attorney for Marcelis Lee.

RANDY SUE POLLOCK, Attorney for Rashad Brown.

ISMAIL RAMSEY, Attorney for Rakeem Brown.

ORDER STIPULATED REQUEST TO CONTINUE STATUS HEARING TO JUNE 11, 2013

RICHARD SEEBORG, District Judge.

The above-captioned matter is set on May 7, 2013 at 2:30 p.m. before this Court for a status hearing following a settlement conference. The settlement conference with Magistrate Judge Laurel Beeler has since been rescheduled to June 6, 2013 at 12:30 p.m. Therefore, the parties request that this Court continue the status hearing regarding the settlement conference to June 11, 2013 so that it will follow the newly scheduled settlement conference date. On that date, change of plea, motions, or trial will be discussed

The Court has previously excluded the running of the speedy trial clock for effective preparation of counsel, 18 U.S.C. § 3161(h)(7)(B)(iv), through May 7, 2013. Therefore, the parties now request that the time between May 7, 2013 and June 11, 2013 be excluded from the running of the speedy trial clock for that same reason - effective preparation of counsel, 18 U.S.C. § 3161(h)(7)(B)(iv). The parties agree that, taking into account the public interest in prompt disposition of criminal cases, good cause exists for this extension due to the pending settlement conference scheduled for June 6, 2013 and the parties need to prepare for that conference. The parties also agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

SO STIPULATED:

For the reasons stated above, this matter is continued until June 11, 2013, for a status hearing regarding the settlement conference at which time change of plea, motions, or trial will be discussed. The Court finds that the exclusion of time from May 7, 2013 through June 11, 2013 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the requested continuance would deny the defendants effective preparation of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv).

SO ORDERED.


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