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United States of America v. Daniel Garcia Martinez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 9, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DANIEL GARCIA MARTINEZ,
DEFENDANT.

The opinion of the court was delivered by: The Honorable William H. Alsup United States District Judge

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM MAY 7, 2013 TO MAY 21, 2013

On May 7, 2013, the parties in this case appeared before the Court. At that time, the Court set 20 the matter to May 21, 2013. For the reasons stated during the hearing, the parties have agreed to exclude 21 the period of time between May 7, 2013 and May 21, 2013 for any time limits applicable under 18 22 U.S.C. § 3161. The parties represented that granting the exclusion of time would allow the reasonable 23 time necessary for effective preparation of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also 24 agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of 25 the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). At the hearing, the Court 26 made findings consistent with this agreement. 27 28

SO STIPULATED: 2 3

MELINDA HAAG United States Attorney DATED: May 8, 2013 ________/s/_________________ 6 LAURA VARTAIN HORN Assistant United States Attorney 7 8 9 10 DATED: May 8, 20123 ________/s/___________________ BRANDON LEBLANC 11 Assistant Federal Public Defender Attorney for Daniel Garcia Martinez

[PROPOSED] ORDER

For the reasons stated above and at the May 7, 2013, hearing, the Court finds that failing to 3 exclude the time between May 7, 2013 and May 21, 2013 would deny counsel the reasonable time 4 necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 5 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between 6 May 7, 2013 and May 21, 2013, from computation under the Speedy Trial Act outweigh the best 7 interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that 8 the time between May 7, 2013 and May 21, 2013, shall be excluded from computation under the Speedy 9 Trial Act. 18 U.S.C. § 3161(h)(7)(B)(iv). 10 11 12

20130509

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