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[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE

CR 09-0028-MMC

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

MATTHEW L. McCARTHY(CABN 217871)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102

Telephone: (415) 436-6838

Facsimile: (415) 436-7234

Matthew.McCarthy@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

BRANDON BERNARD,

Defendant.

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CR No. 09-0028-MMC

[PROPOSED] STIPULATED ORDER

CONTINUING STATUS CONFERENCE

Current Hearing Date: May 12, 2010

Time: 2:30 p.m.

Judge: Hon. Maxine Chesney

Proposed Hearing Date: June 23, 2010

Time: 2:30 p.m.

Case 3:09-cr-00028-CRB Document 55 Filed 05/11/10 Page 1 of 3
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[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE

CR 09-0028-MMC 1

 The above-captioned case is currently scheduled for a status conference on

Wednesday, May 12, 2010 at 2:30 p.m. Counsel for the defendant seeks additional time

to investigate issues related to a possible defense in this matter. Moreover, counsel for

the defendant is unavailable on June 2, June 9, and June 16, 2010.

Therefore, the parties jointly request that the date for the status conference

in this case be continued until June 23, 2010 at 2:30 p.m.

Further, the parties stipulate and jointly request that time be excluded from

the Speedy Trial Act calculations from Wednesday, May 12, 2010 through Wednesday,

June 23, 2010 for effective preparation and continuity of counsel. The parties 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. See 18 U.S.C. § 3161(h)(8)(A).

SPEEDY TRIAL ACT IMPLICATIONS

Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are sixtyseven (67) days remaining before the trial in this case must commence. Taking the

stipulated time exclusion from Wednesday, May 12, 2010 through Wednesday, June 23,

2010 into account, the “speedy trial” date for this matter is August 29, 2010.

IT IS SO STIPULATED.

 5-7-10 /s/

DATED JOSEPH P. RUSSONIELLO

United States Attorney

Northern District of California

MATTHEW L. McCARTHY

Assistant United States Attorney

 5-7-10 /s/

DATED GEOFF ROTWEIN

Attorney for Brandon Bernard

Case 3:09-cr-00028-CRB Document 55 Filed 05/11/10 Page 2 of 3
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[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE

CR 09-0028-MMC 2

[PROPOSED] ORDER

For good cause shown, the status conference now scheduled for

Wednesday, May 12, 2010 is vacated. The matter shall be added to the Court’s calendar

on Wednesday, June 23, 2010 at 2:30 p.m. for status and possible change of plea.

In addition, for the reasons stated above, the Court finds that an exclusion

of time from May 12, 2010 through June 23, 2010 is warranted and that the ends of

justice served by the continuance outweigh the best interests of the public and the

defendant in a speedy trial. See 18 U.S.C. §3161 (h)(8)(A). The failure to grant the

requested continuance would deny defense counsel the reasonable time necessary for

effective preparation, taking into account the exercise of due diligence, and would result

in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv). Taking the

stipulated time exclusion from Wednesday, May 12, 2010 through Wednesday, June 23,

2010 into account, the “speedy trial” date for this matter is August 29, 2010.

IT IS SO ORDERED.

DATED HON. MAXINE M. CHESNEY

United States District Court Judge

(7)

(7)

May 11, 2010

Case 3:09-cr-00028-CRB Document 55 Filed 05/11/10 Page 3 of 3