Singh v. Napoliatano et al

Filing 17

filed in error

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 168973) Chief, Criminal Division AARON D. WEGNER (CABN 243809) Assistant United States Attorney 450 Golden Gate Ave., Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. HUY TRINH et al., Defendant. ) ) ) ) ) ) ) ) ) ) ) No. CR-10-0385-SI

[PROPOSED] ORDER AND STIPULATION EXCLUDING TIME FROM JUNE 4, 2010, TO JULY 30, 2010, FROM THE SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(7)(A))

On June 4, 2010, co-defendants Huy Trinh, Lan Jin, and Andy Wong made their Initial Appearance in front of the Court. At that time, the government stated discovery production was ongoing and the Court continued the case until July 30, 2010, to allow defense counsel an opportunity to review discovery. Over the objection of counsel for defendant Andy Wong, the Court agreed to exclude time under the Speedy Trial Act until July 30, 2010. With the agreement of the parties (with the exception of defendant Andy Wong), the Court enters this order documenting the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(h), from June 4, 2010, through July 30, 2010.

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With the exception of counsel for defendant Andy Wong, the parties agree, and the Court finds and holds, as follows: 1. The defendants agree to an exclusion of time under the Speedy Trial Act from June 4, 2010, through July 30, 2010, based upon the need for effective preparation of counsel and to provide the defendants an opportunity to review discovery. The defendants agree to this exclusion on the condition that their right to bring motions claiming Speedy Trial Act violations prior to June 4, 2010, shall remain preserved. 2. Counsel for the defendants believes that the exclusion of time is their clients' best interest. 3. Given these circumstances, the Court finds that the ends of justice served by excluding the period from June 4, 2010, through July 30, 2010, outweigh the best interest of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). 4. Accordingly, and with the consent of the defendants, the Court orders the period from June 4, 2010, through July 30, 2010, shall be excluded from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

STIPULATED:

DATED:

6/23/2010

/s/ STEVE GRUEL Attorney for Defendant Huy Trinh /s/ JEFFERY SCHWARTZ Attorney for Defendant Lan Jin /s/ AARON D. WEGNER Assistant United States Attorney

DATED:

6/23/2010

DATED:

6/23/2010

IT IS SO ORDERED.

DATED:________________

_______________________________ HON. SUSAN ILLSTON United States District Judge 2