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STIPULATION AND [Proposed] ORDER 

CONTINUING HEARING AND EXCLUDING TIME 

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Mark R. Vermeulen [CSBN 115381] 

Law Office of Mark R. Vermeulen 

755 Florida Street #4 

San Francisco, CA 94110.2044 

Phone: 415.824.7533 

Fax: 415.824.4833 

vermeulen@mindspring.com 

Attorney for Defendant 

WEN BING LEI 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

WEN BING LEI, 

 Defendant. 

No. 15-cr-71548-SK 

STIPULATION AND [Proposed] ORDER TO 

CONTINUE HEARING AND TO EXCLUDE 

TIME

Date: December 8, 2016 

Time: 9:30 a.m. 

This matter is set for a preliminary hearing or return of an indictment before this Court on 

December 8, 2016. The parties request that this matter be continued to December 14, 2016 at 9:30 a.m. 

for further setting, as defense counsel has a scheduling conflict on December 8. Pursuant to Fed. R. 

Crim. P. 5.1(d), the defendant consents to extending the time limits set forth in Fed. R. Crim. P. 5.1(c) to 

exclude from the 14-day limit the time from December 8, 2016 to the newly proposed hearing date to 

accommodate this request, and defense counsel is continuing to review voluminous discovery, to 

conduct investigation, and to otherwise prepare the defense. As a result, the parties request that the 

Court exclude time between December 8, 2016 and December 14, 2016 for effective preparation of 

defense counsel, taking into account the exercise of due diligence, and pursuant to 18 U.S.C. §§ 

3161(h)(7)(A) and (B)(iv). The extension is not sought for delay, and the parties agree that the ends of 

justice served by granting the continuance outweigh the best interests of the public and the defendant in 

/ / / 

Case 3:17-cr-00044-VC Document 28 Filed 11/16/16 Page 1 of 2
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STIPULATION AND [Proposed] ORDER 

CONTINUING HEARING AND EXCLUDING TIME 

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a speedy trial. 

Dated: November 15, 2016 Brian J. Stretch 

United States Attorney 

/S/ 

William Frentzen 

Assistant United States Attorney 

Dated: November 15, 2016 /S/ 

Mark R. Vermeulen 

Attorney for Defendant 

WEN BING LEI 

ORDER 

IT IS HEREBY ORDERED that this matter is continued to December 14, 2016 at 9:30 a.m. for 

further setting. 

IT IS FURTHER ORDERED that pursuant to Fed. R. Crim. P. 5.1(d), the 14-day limit set forth 

in Fed. R. Crim. P. 5.1(c) shall be extended, such that the 14-day limit shall run from December 14, 

2016. 

IT IS FURTHER ORDERED that time between December 8, 2016 and December 14, 2016 is 

excluded pursuant to the Speedy Trial Act for effective preparation of defense counsel, taking into 

account the exercise of due diligence, and pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). Based 

upon the parties’ stipulation, the Court finds that the extension is not sought for delay, and the ends of 

justice served by granting the continuance outweigh the best interests of the public and the defendant in 

a speedy trial. 

IT IS SO ORDERED. 

Dated: November ___, 2016 _____________________________ 

Jacqueline Scott Corley 

United States Magistrate Judge 

16

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

GRANTED

Judge Jacqueline Scott Corley 

Case 3:17-cr-00044-VC Document 28 Filed 11/16/16 Page 2 of 2