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ORDER EXCL. TIME

Case No. CR 09-102

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

TAREK J. HELOU (CABN 218225)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: Tarek.J.Helou@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

TENIAH TERCERO,

a/k/a TIA

Defendant.

 

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No. CR 09-102 VRW

[PROPOSED] ORDER RE-SCHEDULING

CHANGE OF PLEA AND EXCLUDING

TIME FROM FEBRUARY 25, 2010

THROUGH MARCH 11, 2010

Current Date: February 25, 2010

Current Time: 2:00 p.m.

Proposed Date: March 11, 2010

Proposed Time: 2:00 p.m.

The defendant, Teniah Tercero, represented by Mark Rosenbush, and the government,

represented by Tarek J. Helou, jointly request that the Court move the defendant’s currently

scheduled change of plea from February 25, 2010 until March 11, 2010. 

The parties believe that they have reached a disposition of the case and that the defendant

will plead guilty to an Information. The defendant must be arraigned on that Information before

she can appear before this Court to change her plea to guilty. Defense counsel cannot appear in

Magistrate Court before February 25, 2010, the date for the currently scheduled change of plea. 

Government counsel is unavailable on March 4, 2010, the next date of this Court’s regularlyCase 3:09-cr-00102-RS Document 44 Filed 02/23/10 Page 1 of 2
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ORDER EXCL. TIME

Case No. CR 09-102 -2-

scheduled criminal calendar. Therefore, the parties jointly request that the Court re-schedule the

defendant’s change of plea hearing from February 25, 2010 until March 11, 2010. 

The parties agree that time should be excluded under the Speedy Trial Act from February

25, 2010 through Mach 11, 2010 based on continuity of counsel.

Based upon the representation of counsel and for good cause shown, the Court finds that

failing to exclude the time from February 25, 2010 through March 11, 2010 would unreasonably

deny the defendant and the government continuity of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv). 

The Court further finds that the ends of justice served by excluding the time from February 4,

2010 through February 25, 2010 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 the defendant’s change of plea hearing shall

be changed from February 25, 2010 at 2:00 p.m. to March 11, 2010 at 2:00 p.m., and the time

from February 25, 2010 through March 11, 2010 shall be excluded from computation under the

Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). 

DATED: ___________________ _________________________________

HONORABLE VAUGHN R. WALKER

Chief United States District Judge

February 23, 2010 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Vaughn R Walker

Case 3:09-cr-00102-RS Document 44 Filed 02/23/10 Page 2 of 2