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JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

DENISE MARIE BARTON (MABN 634052)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: denise.barton@usdoj.gov

Attorneys for the United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

DONELL HATCHER,

Defendant. 

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CR No. 09-00625 WBS

STIPULATION AND [PROPOSED]

ORDER CONVERTING MOTIONS

HEARING DATE TO A TRIAL SETTING

DATE AND EXCLUDING TIME FROM

JUNE 4, 2010 THROUGH JULY 15, 2010

By Stipulation and Order signed by this Court on April 22, 2009 (Docket No. 31), the

parties set a briefing schedule and excluded time under the Speedy Trial Act from March 28,

2009 through the filing of motions on June 4, 2010. The next appearance before this Court was

set for July 15, 2010 for a Motions hearing. Defendant did not file Motions on June 4, 2010.

The parties request that the Court convert the currently scheduled July 15, 2010 Motions

Hearing date to a Trial Setting Date. The parties further request that time be excluded from June

4, 2010, the date motions were scheduled to be filed, through July 15, 2010. Defense counsel

has been engaged in review and assessment of the case to assess pretrial resolution and in

preparation of trial. Counsel is unavailable to set an earlier date before this Court for a trial

UNITED STATES V. HATCHER,

CR No. 09-00625 WBS, 

STIPULATION AND [PROPOSED] ORDER

Case 3:09-cr-00625-CRB Document 34 Filed 06/24/10 Page 1 of 3
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setting hearing for the following reasons. The parties do not have a mutually available date prior

to the scheduled hearing. Counsel for the United States is unavailable the week of June 21, 2010

and part of the week of June 28, 2010 due to a trial in the matter of United States v. Solorza, CR

No. 09-0217 PJH and anticipates being out of the Office for personal matters on July 6 and 7,

2010. Counsel for the defense is also unavailable on a number of days prior to the July 15, 2010. 

Accordingly, the parties agree that time should be excluded under the Speedy Trial Act from

June 4, 2010 through July 15, 2010 for effective preparation of counsel and continuity of

counsel, under 18 U.S.C. § 3161(h)(7)(A), (B)(iv) to afford counsel adequate time to assess

pretrial disposition of the case and prepare for trial and for continuity of counsel. 

Respectfully submitted,

JOSEPH P. RUSSONIELLO

United States Attorney

Dated: June 23, 2010 /s/ 

DENISE MARIE BARTON

Assistant United States Attorney

Dated: June 23, 2010

_____/s/_____________________________

JOHN M. RUNFOLA

Attorney for DONELL HATCHER

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

failing to exclude the time from June 4, 2010 through July 15, 2010 would unreasonably deny

counsel the reasonable time necessary for effective preparation and continuity of counsel, taking

into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A), (B)(iv). The Court

further finds that the ends of justice served by excluding the time from June 4, 2010 through

July 15, 2010 from computation under the Speedy Trial Act outweigh the best interests of the

UNITED STATES V. HATCHER,

CR No. 09-00625 WBS, 

STIPULATION AND [PROPOSED] ORDER

2

Case 3:09-cr-00625-CRB Document 34 Filed 06/24/10 Page 2 of 3
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public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time

from June 4, 2010 through July 15, 2010 shall be excluded from computation under the Speedy

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

SO ORDERED:

Date: June 23, 2010

UNITED STATES V. HATCHER,

CR No. 09-00625 WBS, 

STIPULATION AND [PROPOSED] ORDER

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Case 3:09-cr-00625-CRB Document 34 Filed 06/24/10 Page 3 of 3