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United States v. Medina

United States District Court, N.D. California, San Francisco Division

March 6, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
NICOMEDES MEDINA, a/k/a

MELINDA HAAG, United States Attorney, J. DOUGLAS WILSON, Chief, Criminal Division, MATTHEW L. McCARTHY, Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.

[PROPOSED] STIPULATED ORDER CONTINUING STATUS HEARING

SUSAN ILLSTON, District Judge.

The above-captioned case is currently scheduled for a status conference on March 7, 2014. However, newly-appointed counsel for the defendant is unavailable on that date, and needs additional time to prepare. Accordingly, the parties jointly request that the matter be continued to the Court's normally-scheduled calendar on Friday, March 14, 2014 at 11:00 a.m. for a status hearing.

Further, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from February 28 (the date new counsel was appointed) through March 14, 2014 for effective preparation and continuity of counsel.

The parties agree that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendants in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).

Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence.

IT IS SO STIPULATED.

[PROPOSED] ORDER

For good cause shown, this matter shall be added to the Court=s calendar on March 14, 2014 at 11:00 a.m. for a status conference.

In addition, for the reasons stated above, the Court finds that an exclusion of time from February 28 through March 14, 2014 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. See 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(iv).

Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence.

IT IS SO ORDERED.


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