United States
v.
Dabestani

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISIONFeb 21, 2013
No. CR 12-708 EJD (N.D. Cal. Feb. 21, 2013)

No. CR 12-708 EJD

02-21-2013

UNITED STATES OF AMERICA, Plaintiff, v. HOSSEIN DABESTANI, Defendant.

PETER B. AXELROD Assistant United States Attorney VARELL FULLER Attorney for Defendant Hossein Dabestani


MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
PETER B. AXELROD (CABN 190843)
Assistant United States Attorney


450 Golden Gate Ave., Box 36055


San Francisco, California 94102


Telephone: (415) 436-7200


Fax: (415) 436-7234


E-Mail: peter.axelrod@usdoj.gov
Attorneys for Plaintiff

STIPULATION AND [PROPOSED]

ORDER CONTINUING STATUS

HEARING AND EXCLUDING TIME

FROM SPEEDY TRIAL ACT

CALCULATION

The parties stipulate as follows:

1. This case is set for status before Judge Edward J. Davila on February 25, 2013, at 1:30 p.m.

2. The parties seek the Court's permission to vacate the status hearing set for February 25, 2013 and continue it to April 15, 2013, at 1:30 pm for the following reasons: government counsel is unavailable on February 25, 2013, the parties are continuing to meet and confer on matters related to the case, and defense counsel is continuing to review discovery produced by the government.

3. The parties further request that time be excluded under the Speedy Trial Act, 18 U.S.C. § 3161, from February 25, 2013 to April 15, 2013, for defense counsel's effective preparation. The defense requests the time to review materials previously provided by the United States in discovery. STIPULATED:

________


PETER B. AXELROD


Assistant United States Attorney


________


VARELL FULLER


Attorney for Defendant Hossein Dabestani


ORDER

Based on the parties' stipulation, the Court finds and holds, as follows:

1. The status conference set for February 25, 2013 is vacated. The status conference is continued to April 15, 2013 at 1:30pm.

2. Time is excluded from calculation under the seventy-day time limit for the commencement of trial under 18 U.S.C. § 3161(c)(1). The United States has provided materials to defense counsel, and counsel needs additional time to review those materials. Thus, there is good cause for the exclusion under 18 U.S.C. § 3161 for effective preparation of defense counsel, and the ends of justice served by granting this continuance outweigh the best interests of the public and of the defendant in a speedy trial and the prompt disposition of criminal cases. 18 U.S.C. § 3161(h)(8)(A). The Court further finds that failure to grant the continuance would deny counsel for all parties reasonable time necessary for effective preparation taking into account the exercise of due diligence under 18 U.S.C. § 3161(h)(8)(B)(iv).

3. Accordingly, and with the consent of the defendant, the Court orders that the period from February 25, 2013 to April 15, 2013 be excluded from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO ORDERED.

________


EDWARD J. DAVILA


United States DISTRICT Judge