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United States of America v. Herberth Noel Ayala

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 8, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HERBERTH NOEL AYALA, DEFENDANT.

The opinion of the court was delivered by: The Hon. Richard Seeborg United States District Judge

[PROPOSED] ORDER EXCLUDING TIME FROM MAY 7, 2013 TO MAY 28, 2013

The defendant, Herberth Noel Ayala, represented by Edward Hu, Assistant Federal Public Defender, and the government, represented by Laura Vartain Horn, Assistant United States Attorney, 21 appeared before the Court on May 7, 2013, for a change of plea. Counsel for the defendant indicated 22 that his client needed additional time to confer with his counsel. The Court re-set the change of plea for 23 May 28, 2013, and if no change of plea is entered at that time, the matter will be set for trial. Defense 24 counsel requested that time be excluded under the Speedy Trial Act between May 7, 2013 and May 28, 25 2013, because he needed the remaining period of time to meet with his client and for effective 26 preparation. The government stated it had no objection to excluding time. 27

Based upon the representation of counsel and for good cause shown, the Court finds that failing 28 to exclude the time between May 7, 2013 and May 28, 2013 would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 2 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between 3 May 7, 2013 and May 28, 2013, from computation under the Speedy Trial Act outweigh the best 4 interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that 5 the time between May 7, 2013 and May 28, 2013, shall be excluded from computation under the Speedy 6 Trial Act. 18 U.S.C. § 3161(h)(7)(B)(iv). 7 8

20130508

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