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United States v. Perez-Anguiano

United States District Court, Ninth Circuit

September 24, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
PABLO PEREZ-ANGUIANO, a/k/a Jose Escalera Aguilera Defendant.

MELINDA HAAG, United States Attorney, J. DOUGLAS WILSON, Chief, Criminal Division, CAROLYN SILANE, Special Assistant United States Attorney, San Francisco, California, Attorneys for the United States of America.

CANDIS MITCHELL, Attorney for Defendant.

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

RICHARD SEEBORG, District Judge.

On August 27, 2013, the parties in this case appeared before the Court. At that time, the Court set the matter to September 17, 2013. A clerk's notice was filed, rescheduling the hearing to September 24, 2013. The parties have agreed to exclude the period of time between August 27, 2013 and September 24, 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] EORDER

For the reasons stated above and at the August 27, 2013 hearing, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from August 27, 2013 and September 24, 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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