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JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 168973)

Chief, Criminal Division

AARON D. WEGNER (CABN 243809)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-6831

Facsimile: (415) 436-6982

E-mail: aaron.wegner@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

TOMAS CASTANEDA,

Defendant.

 

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No. CR-09-00079-MHP

[PROPOSED] ORDER AND

STIPULATION CONTINUING CHANGE

OF PLEA HEARING AND EXCLUDING

TIME FROM MARCH 8, 2010 TO

MARCH 29, 2010, FROM THE SPEEDY

TRIAL ACT CALCULATION (18 U.S.C.

§ 3161(h)(8)(A))

A change of plea hearing is currently set in this matter for March 8, 2010. The parties are

currently engaged in plea negotiations and need further time to attempt to resolve the case. As

part of their negotiations, the parties are discussing a Pre-plea Report that was prepared in this

case. Therefore, the parties request that the Court continue the change of plea hearing until

March 29, 2010. In addition, the parties agree that the additional time requested by this

stipulation is excludable in computing time within which the trial here must commence pursuant

to the Speedy Trial Act.

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Case 3:09-cr-00079-MHP Document 29 Filed 02/25/10 Page 1 of 2
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The parties agree, and the Court finds and holds, as follows:

1. The defendant agrees to an exclusion of time under the Speedy Trial Act from

March 8, 2010, through March 29, 2010, based upon the need for effective preparation of counsel

and to provide the Probation Office with adequate time to prepare a Pre-Plea Report. The

defendant agrees to this exclusion on the condition that his right to bring motions claiming

Speedy Trial Act violations prior to March 8, 2010, shall remain preserved. 

2. Counsel for the defense believes that the exclusion of time is in his client’s best 

interest. 

3. Given these circumstances, the Court finds that the ends of justice served by excluding

the period from March 8, 2010, through March 29, 2010, outweigh the best interest of the public

and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). 

4. Accordingly, and with the consent of the defendant, the Court orders the period from

March 8, 2010, through March 29, 2010, shall be excluded from Speedy Trial Act calculations

under 18 U.S.C. § 3161(h)(7)(A) & (B)(iv). 

5. The change of plea hearing scheduled for March 8, 2010 is vacated and continued to

March 29, 2010 at 10:00 a.m. 

STIPULATED:

DATED: February 24, 2010 _______/s/________________________

JOHN YZURDIAGA

Attorney for Defendant

DATED: February 24, 2010 _______/s/________________________

AARON D. WEGNER

Assistant United States Attorney

IT IS SO ORDERED.

DATED:________________ _______________________________

HON. MARILYN H. PATEL

United States District Judge

2/25/2010

U

NITED STATES DISTRICT COURT

NORTHERN DIS

CT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cr-00079-MHP Document 29 Filed 02/25/10 Page 2 of 2