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Stip. & [Proposed] Order to Continue Hearing;

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BARRY J. PORTMAN

Federal Public Defender

RITA BOSWORTH

Assistant Federal Public Defenders

450 Golden Gate Avenue

19th Floor Federal Building–Box 36106

San Francisco, CA 94102

Telephone: (415) 436-7700

Counsel for Defendant ROMMELL BORJAS-ALFARO

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

ROMMELL BORJAS-ALFARO

Defendants.

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No. CR-09-102 VRW

STIPULATION AND [PROPOSED]

ORDER RESCHEDULING DATE FOR

TRIAL SETTING OR CHANGE OF

PLEA AND EXCLUDING TIME FROM

AUGUST 12, 2010 TO OCTOBER 28, 2010

Current Date: August 12, 2010, at 2:00 p.m.

Proposed Date: October 28, 2010, at 2:00 p.m.

1. The parties are scheduled to appear before the Court on August 12, 2010, for

defendant Rommell Borjas-Alfaro’s trial setting or change of plea. The parties now represent

that they need additional time to discuss a proposed disposition. The United States produced a

significant amount of discovery in this case, and defense counsel needs additional time to review

it. The parties request that the Court continue the matter to October 28, 2010, at 2:00 p.m. for

trial setting or change of plea. The parties request that the time be excluded under the Speedy

Trial Act from August 12, 2010, to October 28, 2010, because defense counsel needs that time to

review discovery and conduct necessary investigation. 

2. The parties represent that the requested continuance is the reasonable time

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Stip. & [Proposed] Order to Continue Hearing;

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necessary for effective preparation of defense counsel. 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). 

IT IS SO STIPULATED.

8/11/10 /s/

___________________ _________________________________

DATED TAREK HELOU

Assistant United States Attorney

8/11/10 /s/

____________________ _________________________________

DATED RITA BOSWORTH

Counsel for Mr. Borjas

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

failing to exclude the time from August 12, 2010, through October 28, 2010, would unreasonably

deny the defendant and defense 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 from June 24, 2010 through

August 12, 2010 from computation under the Speedy Trial Act outweigh the best interests of the

public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). 

IT IS HEREBY ORDERED that the current court date of August 12, 2010, in this case is

vacated and the next hearing shall be set on October 28, 2010, at 2:00 p.m. 

IT IS FURTHER ORDERED that the time between August 12, 2010, to October 28,

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

3161(h)(7)(A) and (B)(iv). 

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IT IS SO ORDERED.

___________________ _________________________________

DATED VAUGHN WALKER

Chief United States District Judge

August 11, 2010 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Judge Vaughn R Walker

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