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United States v. Bartholdy

United States District Court, Ninth Circuit

January 16, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
BRAD BARTHOLDY, Defendant.

MELINDA HAAG United States Attorney J. DOUGLAS WILSON Chief, Criminal Division RANDY LUSKEY Assistant United States Attorney San Francisco, California. Attorneys for Plaintiff.

EDWARD HU Attorney for Defendant.

[PROPOSED] ORDER AND STIPULATION FOR CONTINUANCE FROM JANUARY 17, 2014 TO FEBRUARY 21, 2014 AND EXCLUDING TIME FROM THE SPEEDY TRIAL ACT CALCULATION (18 U.S.C. 3161(h)(8)(A)) AND WAIVING TIME LIMITS UNDER RULE 5.1

ELIZABETH D. LAPORTE, Magistrate Judge.

With the agreement of the parties, and with the consent of the defendant, the Court enters this order scheduling a preliminary hearing date of February 21, 2014 at 9:30 a.m. before the duty magistrate judge, and documenting the defendant's waiver of the preliminary hearing date under Federal Rule of Criminal Procedure 5.1 and the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(b), from January 17, 2014 to February 21, 2014. The parties agree, and the Court finds and holds, as follows:

1. The defendant has been released on a bond.

2. The defendant agrees to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv) to provide reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

3. The defendant waives the time limits of Federal Rule of Criminal Procedure 5.1 for preliminary hearing.

4. Counsel for the defense believes that postponing the preliminary hearing is in his client's best interest, and that it is not in his client's interest for the United States to indict the case during the normal 20-day timeline established in Rule 5.1.

5. The Court finds that, taking into the account the public interest in the prompt disposition of criminal cases, these grounds are good cause for extending the time limits for a preliminary hearing under Federal Rule of Criminal Procedure 5.1. Given these circumstances, the Court finds that the ends of justice served by excluding the period from January 17, 2014 to February 21, 2014, outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

6. Accordingly, and with the consent of the defendant, the Court (1) sets a preliminary hearing date before the duty magistrate judge on February 21, 2014, at 9:30 a.m., and (2) orders that the period from January 17, 2014 to February 21, 2014, be excluded from the time period for preliminary hearings under Federal Rule of Criminal Procedure 5.1 and from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO ORDERED


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