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United States v. Caballero

United States District Court, Ninth Circuit

May 29, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JAIME VICENTE CABALLERO, Defendant.

MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division JANAKI GANDHI (CABN 272246) Special Assistant United States Attorney San Francisco, California, Attorneys for the United States of America

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161

RICHARD SEEBORG, District Judge.

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

[PROPOSED] ORDERM

For the reasons stated above and at the May 28, 2013 hearing, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from May 28, 2013 and June 25, 2013 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). Denying the requested exclusion of time would deprive the parties of the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv).

IT IS SO ORDERED.


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