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STIP. & [PROPOSED] ORDER DOCUMENTING

EXCLUSION OF TIME [CR 09-1150 SI]

JOSEPH P. RUSSONIELLO (CSBN 44332)

United States Attorney

BRIAN J. STRETCH (CSBN 163973)

Chief, Criminal Division

KYLE F. WALDINGER (ILSB 6238304)

Assistant United States Attorney

450 Golden Gate Avenue, 11 Floor th

San Francisco, California 94102

Telephone: (415) 436-6830

Facsimile: (415) 436-7234

E-mail: kyle.waldinger@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

ALEX CHIU,

Defendant.

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No. CR 09-1150 SI

STIPULATION AND [PROPOSED]

ORDER DOCUMENTING EXCLUSION

OF TIME

With the agreement of the parties, and with the consent of the defendant Alex Chiu

(“defendant”), the Court enters this order documenting the exclusion of time under the

Speedy Trial Act, 18 U.S.C. § 3161, from May 10, 2010, to June 15, 2010. The Court

finds and holds, as follows:

1. The defendant Alex Chiu appeared before the Court on April 9, 2010. At

that time, the Court set a trial date of June 21, 2010 and a pretrial conference date of June

15, 2010. Counsel for the United States informed the Court at the appearance on April 9,

2010 that he would be out of the office for approximately 22 days in May, i.e., from about

May 10, 2010 through May 31, 2010. In addition, since the parties’ appearance, counsel

for the parties have agreed that each counsel will need the period from at least May 31,

2010 to the date of the pretrial conference on June 15, 2010 to prepare pretrial filings, to

Case 3:09-cr-01150-SI Document 28 Filed 04/15/10 Page 1 of 2
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STIP. & [PROPOSED] ORDER DOCUMENTING

EXCLUSION OF TIME [CR 09-1150 SI] -2-

prepare for the pretrial conference, and to prepare for trial and that, accordingly, that

period of time should be excluded from Speedy Trial calculations based on the need for

effective preparation of counsel.

2. Based on these facts, the Court finds that, taking into the account the public

interest in the prompt disposition of criminal cases, setting a trial for June 21, 2010 and a

pretrial conference for June 15, 2010 and excluding time from May 10, 2010 to June 15,

2010 is necessary for continuity of government counsel and for effective preparation of

both government counsel and defense counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). Given

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

period from May 10, 2010 to June 15, 2010, outweigh the best interest of the public and

the defendant in a speedy trial. Id. § 3161(h)(7)(A).

3. Accordingly, and with the consent of the defendant, the Court orders that

the period from May 10, 2010 to June 15, 2010, be excluded from Speedy Trial Act

calculations under 18 U.S.C. §§ 3161(h)(1)(D) and 3161(h)(7)(A) and (B)(iv).

DATED: April 14, 2010 JOSEPH P. RUSSONIELLO

United States Attorney

__________/s/_____________________

KYLE F. WALDINGER

Assistant United States Attorney

DATED: April 14, 2010 __________/s/_____________________

BRIAN H. GETZ

Attorney for defendant Alex Chiu

IT IS SO ORDERED.

DATED: April ___, 2010 _______________________________

SUSAN ILLSTON

United States District Judge

Case 3:09-cr-01150-SI Document 28 Filed 04/15/10 Page 2 of 2