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BARRY J. PORTMAN

Federal Public Defender

SHAWN HALBERT

Assistant Federal Public Defender

450 Golden Gate Avenue

San Francisco, CA 94102

Telephone: (415) 436-7700

Counsel for Defendant STEVEN ADAMS

UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

STEVEN ADAMS

Defendant.

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CR Nos. 09-0783 MMC and 01-0251 MMC

DECLARATION OF AFPD SHAWN

HALBERT IN SUPPORT OF CONTINUING

NEXT HEARING DATE AND [PROPOSED]

ORDER CONTINUING HEARING DATE

AND EXCLUDING TIME UNDER 18 U.S.C.

§ 3161

I, Shawn Halbert, declare as follows:

1. I am an Assistant Federal Public Defender and I represent defendant Steven Adams in these

matters.

2. The parties are scheduled to appear before this Court on February 17, 2010 for setting or

change of plea. Mr. Adams was not brought to court at his last appearance because he was

very ill.

3. Undersigned defense counsel visited Mr. Adams at Santa Rita Jail on Monday, February 15,

2010. While Mr. Adams was not as physically impaired as he was the last time that

undersigned counsel visited him at Santa Rita Jail, he was still visibly ill and reports that he

continues to have episodes of diarrhea and vomiting, so he is concerned about being brought

on the U.S. Marshal van to the next court appearance.

DEC. & [PROPOSED] ORDER EXCL. TIME

CR Nos. 09-0783 MMC and 01-0251 MMC 1

THEREON

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4. At her client’s request, undersigned defense counsel requests that the matter be continued for

two weeks to March 3, 2010 (undersigned defense counsel is not requesting that the matter

be put over one week until Wednesday, February 24, 2010 because she already has court

before Judge Hamilton in Oakland and Judge Breyer in San Francisco on that day). 

Alternatively, the Court could waive Mr. Adams’ presence at the next appearance and the

parties could appear on February 17, 2010 without Mr. Adams being present, which Mr.

Adams has told counsel would be acceptable to him.

5. At the next court appearance, the defense will request that Mr. Adams be referred within the

Bureau of Prisons for a competency exam, pursuant to 18 U.S.C. § 4241. While Mr. Adams

could be evaluated locally, defense counsel believes that a referral within the Bureau of

Prisons makes more sense as Mr. Adams received treatment for mental health issues

throughout the past nine years that he was incarcerated in the Bureau of Prisons. Mr. Adams

joins counsel in this request.

6. The defense believes that the time between February 17, 2010 and March 3, 2010 should be

excluded under the Speedy Trial Act. The continuance is necessary to assure the availability

of the defendant and represents the reasonable time necessary for effective preparation of

counsel, 18 U.S.C. § 3161(h)(3)(A) and (h)(7)(A) and (h)(7)(B)(iv), and 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).

7. Undersigned defense counsel is submitting a declaration rather than a stipulation because

government counsel previously indicated that he would not agree to any further continuances

in the case and defense counsel has not been able to reach government counsel prior to filing

this declaration. 

I declare that the above is true and correct to the best of my knowledge.

DATED: February 16, 2010 /s/ 

SHAWN HALBERT

Assistant Federal Public Defender

DEC. & [PROPOSED] ORDER EXCL. TIME

CR Nos. 09-0783 MMC and 01-0251 MMC 2

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[PROPOSED] ORDER

For the reasons stated above, the Court finds that the continuance of time for the next hearing

before this Court from February 17, 2010 to March 3, 2010 is warranted in order to assure the

availability of the defendant and because the failure to grant the requested continuance would

deny the defendant effective preparation of counsel; thus, the ends of justice served by the

continuance outweigh the best interests of the public and the defendant in a speedy trial. 18

U.S.C. § 3161 (h)(7)(A), (h)(7)(B)(iv).

[OR]

For the reasons stated above, the hearing scheduled for February 17, 2010 shall remain on

calendar but defendant’s appearance shall be waived.

SO ORDERED.

DATED:______________ _______________________________________

 THE HONORABLE MAXINE M. CHESNEY

United States District Judge 

DEC. & [PROPOSED] ORDER EXCL. TIME

CR Nos. 09-0783 MMC and 01-0251 MMC 3

, provided the United States Marshal

determines he remains too ill to come to court on that date.

February 16, 2010

and will

Case 3:09-cr-00783-MMC Document 28 Filed 02/16/10 Page 3 of 3