Opinion
No. CR 13-00013 DLJ
04-24-2013
UNITED STATES OF AMERICA, Plaintiff, v. DANNY LEONARDO HERNANDEZ, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division MEREDITH J. EDWARDS (CABN 279301) Special Assistant United States Attorney Attorneys for the United States of America
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
MEREDITH J. EDWARDS (CABN 279301)
Special Assistant United States Attorney
Attorneys for the United States of America
STIPULATION AN D [PROPOSED]
ORDER RESCHEDULING HEARING
DATE AND EXCLUDING TIME UNDER
THE SPEEDY TRIAL ACT
STIPULATION
The United States, by and through Special Assistant United States Attorney Meredith J. Edwards, and defendant Danny Leonardo Hernandez, by and through Assistant Federal Public Defender Cynthia Lie, hereby stipulate that, with the Court's approval, the status hearing currently set for Thursday, April 25, 2013, at 9:00 a.m., be vacated and rescheduled for Thursday, May 16, 2013, at 9:00 a.m.
The rescheduling is requested to provide counsel for both the government and the defendant with additional time to conduct further review the discovery and to negotiate an appropriate disposition. The continuance would provide both parties with the reasonable time necessary for effective preparation. Further, government counsel will be out of town on April 25, 2013, and therefore will be unavailable for the currently scheduled status conference on that date.
Both parties respectfully request that the time between April 25, 2013 and May 16, 2013 be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation and continuity of counsel.
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MEREDITH J. EDWARDS
Special Assistant United States Attorney
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CYNTHIA LIE
Assistant Federal Public Defender
[PROPOSED] ORDER
Pursuant to the agreement and stipulation of the parties, the Court hereby orders that the status hearing in this case, previously scheduled for April 25, 2013, at 9:00 a.m., be vacated and rescheduled for May 16, 2013, at 9:00 a.m. The Court further orders that the time between April 25, 2013 and May 16, 2013 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161. The Court finds, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), that the failure to grant the requested continuance would unreasonably deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court further finds that the failure to grant the requested continuance would unreasonably deny the government continuity of counsel. The Court finds that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). IT IS SO ORDERED.
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THE HONORABLE D. LOWELL JENSEN
United States District Judge