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United States v. Chavez

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jan 6, 2012
No. CR 11-00120 LHK (N.D. Cal. Jan. 6, 2012)

Opinion

No. CR 11-00120 LHK

01-06-2012

UNITED STATES OF AMERICA, Plaintiff, v. JULIAN CHAVEZ, Defendant.

MANUEL ARAUJO Assistant Federal Public Defender ANN MARIE URSINI Special Assistant United States Attorney


BARRY J. PORTMAN

Federal Public Defender

MANUEL U. ARAUJO

Assistant Federal Public Defender

Counsel for Defendant CHAVEZ

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING

DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

Defendant and the government, through their respective counsel, subject to the court's approval, hereby stipulate that the Court continue the status hearing in the above-captioned matter, presently scheduled for, January 25, 2012 at 10:00 a.m., to February 15, 2012, at 10:00 a.m. The reason for the continuance is defense counsel's unavailability because of a recent death in defense counsel's family, and continuity of counsel.

The parties further agree and stipulate that time should be excluded from and including January 25, 2012, through and including February 15, 2012, to provide counsel reasonable time to prepare, pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A) and (B)(iv). Accordingly, the United States and the defendant agree that granting the requested exclusion of time will serve the interest of justice and outweigh the interest of the public and defendant in a speedy trial.

IT IS SO STIPULATED.

_________

MANUEL ARAUJO

Assistant Federal Public Defender

_________

ANN MARIE URSINI

Special Assistant United States Attorney

[PROPOSED] ORDER

GOOD CAUSE APPEARING, and by stipulation of the parties, IT IS HEREBY ORDERED that the status conference hearing in the above-captioned matter shall be continued from January 25, 2011, at 10:00 a.m., to February 15, 2012, at 10:00 a..m.

THE COURT FINDS that failing to exclude the time between January 25, 2012, and February 15, 2012, would unreasonably deny the defendant's continuity of counsel, and would unreasonably deny counsel the 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 January 25, 2012, and February 15, 2012 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 period of delay from January 25, 2012, through and including February 15, 2012, be excluded for purposes of Speedy Trial Act computations pursuant to Title 18, United States Code, Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). IT IS SO ORDERED.

_________

HONORABLE LUCY H. KOH

United States District Judge


Summaries of

United States v. Chavez

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jan 6, 2012
No. CR 11-00120 LHK (N.D. Cal. Jan. 6, 2012)
Case details for

United States v. Chavez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JULIAN CHAVEZ, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Jan 6, 2012

Citations

No. CR 11-00120 LHK (N.D. Cal. Jan. 6, 2012)