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United States v. Dabestani

United States District Court, Ninth Circuit

May 9, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
HOSSEIN DABESTANI, Defendants.

STEVEN G. KALAR, Federal Public Defender, VARELL L. FULLER, Assistant Federal Public Defender, San Jose, CA, Counsel for Defendant DABESTANI.

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

EDWARD J. DAVILA, District Judge.

STIPULATION

Defendant Hossein Dabestani, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Peter B. Axelrod, hereby stipulate that, with the Court's approval, the status hearing currently set for Monday, May 13, 2013, at 1:30 p.m., shall be continued to Monday, August 5, 2013 at 1:30 p.m.

The reason for the continuance is the defense requested the government provide additional discovery in this matter, which the government has recently agreed to permit defense counsel to review at the United States Attorney's Office. Accordingly, defense counsel requires additional time to review the additional discovery and to effectively prepare.

For the foregoing reasons, the parties jointly request and agree to an exclusion of the time between May 13, 2013, and August 5, 2013, under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation by defense counsel.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing currently set for Monday, May 13, 2013, shall be continued to Monday, August 5, 2013, at 1:30 p.m.

THE COURT FINDS that failing to exclude the time between May 13, 2013, and August 5, 2013, would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).

THE COURT FURTHER FINDS that the ends of justice served by excluding the time between May 13, 2013, and August 5, 2013, from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.

THEREFORE, IT IS HEREBY ORDERED that the time between May 13, 2013, and August 5, 2013, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.


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