Opinion
No. CR 12-0200 WHA
03-13-2013
UNITED STATES OF AMERICA, v. RONALD MCGREGOR, Defendant.
MELINDA HAAG United States Attorney CYNTHIA M. FREY Assistant United States Attorney BRANDON LEBLANC Attorney for RONALD MCGREGOR
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
CYNTHIA M. FREY (DCBN 475889)
Assistant United States Attorney
450 Golden Gate Ave., Box 36055
San Francisco, California 94102
Telephone: (415) 436-7200
Fax: (415) 436-7234
E-Mail: cynthia.frey@usdoj.gov
Attorneys for the United States of America
STIPULATION TO SET MATTER FOR
BENCH TRIAL AND TO EXCLUDE
TIME FROM CALCULATIONS UNDER
THE SPEEDY TRIAL ACT AND
[PROPOSED] ORDER
(18 U.S.C. § 3161)
The defendant, Ronald McGregor, represented by Brandon Leblanc, Assistant Federal Public Defender, and the government, represented by Cynthia Frey, Assistant United States Attorney, appeared before the Honorable William Alsup on January 15, 2013 for a status conference and trial setting. This Court set this matter for trial on April 8, 2013.
The parties have agreed to proceed by way of a "Stipulation Regarding Bench Trial" and after confirmation with the Courtroom Clerk, the parties have stipulated to set the bench trial for March 20, 2013 at 2:00 p.m. The parties also agree that time should appropriately be excluded for effective preparation of counsel from February 5, 2013 through March 20, 2013, in order to provide defense counsel with adequate time to review additional discovery, conduct additional investigation, and consult with the defendant. In addition, the defendant agrees to exclude for these periods of time any time limits applicable under 18 U.S.C. § 3161. The parties represent that granting the continuance, is necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). SO STIPULATED:
MELINDA HAAG
United States Attorney
____________________
CYNTHIA M. FREY
Assistant United States Attorney
____________________
BRANDON LEBLANC
Attorney for RONALD MCGREGOR
Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between February 5, 2013 and March 20, 2013 would unreasonably deny the defendant and counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between February 5, 2013 and March 20, 2013 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial.
Therefore, IT IS HEREBY ORDERED that:
(1) The matter be set for a bench trial on March 20, 2013 at 2:00 p.m.; and
(2) the time between February 5, 2013 and March 20, 2013 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C §§ 3161(h)(7)(A), 3161(h)(7)(B)(iv).
______________________________
HONORABLE WILLIAM ALSUP
United States District Court Judge