Opinion
No. CR-12-0834 EMC
03-18-2013
UNITED STATES OF AMERICA, Plaintiff, v. JUAN DOMINGUEZ JR., Defendant.
RANDY S. LUSKEY Assistant United States Attorney JODI LINKER Assistant Federal Public Defender
STEVEN G. KALAR
Federal Public Defender
JODI LINKER
Assistant Federal Public Defender
19th Floor Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102
Telephone: (415) 436-7700
Counsel for Defendant DOMINGUEZ
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE
The parties jointly request that, subject to the Court's approval, the status conference presently set for March 27, 2013 be continued to April 17, 2013 at 2:30 pm.
At the last appearance, the Court set the above-captioned matter over until March 27 for possible change of plea. Since then defendant Juan Dominguez Jr. has learned that he has the opportunity to take the G.E.D. exam on March 27 and that a court appearance on that date would preclude his taking of the exam. Additionally, counsel for the government and defense counsel are in negotiations over a potential resolution of the matter and would benefit from additional time to complete those negotiations, as well as to further investigate the case. Accordingly, the parties jointly request that the appearance be continued from March 27, 2013 to April 17, 2013.
For the above reasons, the parties stipulate there is good cause - taking into account the public interest in the prompt disposition of this case - to exclude the time from March 27, 2013 to April 17, 2013 from computation under the Speedy Trial Act, and that failing to exclude that time would unreasonably deny the defendant and his counsel the reasonable time necessary for effective preparation and continuity of counsel, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). The parties further agree that the ends of justice would be served by excluding the time from March 27, 2013 to April 17, 2013 from computation under the Speedy Trial Act and that the need for the exclusion outweighs the best interests of the public and the defendant in a speedy trial.
IT IS SO STIPULATED.
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RANDY S. LUSKEY
Assistant United States Attorney
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JODI LINKER
Assistant Federal Public Defender
IT IS SO ORDERED.
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Judge Edward M. Chen