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CR 08-0887 MHP

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

WILLIAM FRENTZEN (LABN 24221)

CYNTHIA M. FREY (CABN 150571)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: william.frentzen@usdoj.gov 

 cynthia.frey@usdoj.gov 

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA,

Plaintiff,

v.

WICKETT D. MORRIS,

Defendant. 

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No. CR 08-0887 MHP

STIPULATION AND [PROPOSED]

ORDER EXCLUDING TIME

BETWEEN NOVEMBER 12, 2009 AND

JANUARY 20, 2010 FROM

CALCULATIONS UNDER THE

SPEEDY TRIAL ACT 

(18 U.S.C. § 3161) 

The defendant, Wickett Morris, represented by Lynn M. Keslar and Paul Delano Wolf,

and the government, represented by William Frentzen and Cynthia M. Frey, Assistant United

States Attorneys, appeared before the Court on November 12, 2009 for a further pre-trial

motions hearing. The Court ordered a further evidentiary hearing for November 18, 2009. At

that time, the Court set a further pre-trial motions hearing for December 16, 2009. At the

hearing on December 16, 2009, the Court set the pre-trial conference for January 20, 2010. 

Since August 5, 2009, several pretrial motions have been filed by the defendants in this

case. The parties previously stipulated that time be excluded under the Speedy Trial Act

between September 29, 2009 and November 12, 2009, as delay resulting from any pretrial

Case 3:08-cr-00887-EMC Document 167 Filed 01/04/10 Page 1 of 3
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CR 08-0887 MHP 2

motion from the filing of the motion through the conclusion of the hearing on, or other prompt

disposition of, such motion. 18 U.S.C. § 3161(h)(1)(D). Accordingly, the parties now stipulate

that time also be excluded under the Speedy Trial Act between November 12, 2009 and

December 16, 2009, as delay resulting from any pretrial motion from the filing of the motion

through the conclusion of the hearing on, or other prompt disposition of, such motion. 18 U.S.C.

§ 3161(h)(1)(D). 

In addition, several motions in limine were filed in this case by defendant on September

8, 2009. The hearing on those motions in limine is not scheduled until January 20, 2010. 

Accordingly, the parties stipulate that time is also properly excluded under the Speedy Trial Act

through January 20, 2010, as delay resulting from any pretrial motion from the filing of the

motion through the conclusion of the hearing on, or other prompt disposition of, such motion. 18

U.S.C. § 3161(h)(1)(D). 

In addition, the defendant agrees to exclude for this period of time any time limits

applicable under 18 U.S.C. § 3161. 

SO STIPULATED:

JOSEPH P. RUSSONIELLO 

United States Attorney

DATED: December 22, 2009 /s/ 

WILLIAM FRENTZEN

CYNTHIA M. FREY

Assistant United States Attorney 

DATED: December 22, 2009 /s/ 

LYNN M. KESLAR

Attorney for Wickett Morris

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CR 08-0887 MHP 3

The Court finds that the time between November 12, 2009 and January 20, 2010 should

properly be excluded from computation under the Speedy Trial Act as delay resulting from any

pretrial motion from the filing of the motion through the conclusion of the hearing on, or other

prompt disposition of, such motion. 18 U.S.C. § 3161(h)(1)(D). 

Therefore, IT IS HEREBY ORDERED that the time between November 12, 2009 and

January 20, 2010 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. §

3161(h)(1)(D). 

DATED: ___________________ ___________________________

MARILYN HALL PATEL

United States District Judge

1/4/2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:08-cr-00887-EMC Document 167 Filed 01/04/10 Page 3 of 3