-1-

STIPULATION AND [Proposed] ORDER 

CONTINUING HEARING AND EXCLUDING TIME

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

30

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: July 12, 2016

Time: 9:30 a.m.

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

12, 2016. The parties request that this matter be continued to September 13, 2016 at 9:30 a.m. for 

further setting. 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 July 12, 2016 to the 

newly proposed hearing date (i.e., September 13, 2016) 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 July 12, 2016 

and September 13, 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 

/ / /

/ / /

Case 3:17-cr-00044-CRB Document 22 Filed 06/28/16 Page 1 of 2
-2-

STIPULATION AND [Proposed] ORDER 

CONTINUING HEARING AND EXCLUDING TIME

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

30

interests of the public and the defendant in a speedy trial. 

Dated: June 27, 2016 Brian J. Stretch

Acting United States Attorney 

/S/ 

William Frentzen

Assistant United States Attorney

Dated: June 27, 2016 /S/ 

Mark R. Vermeulen

Attorney for Defendant 

WEN BING LEI

ORDER

IT IS HEREBY ORDERED that this matter is continued to September 13, 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 September 13, 

2016.

IT IS FURTHER ORDERED that time between July 12, 2016 and September 13, 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: ________________, 2016 _____________________________

Maria-Elena James

United States Magistrate Judge

June 28, 

Case 3:17-cr-00044-CRB Document 22 Filed 06/28/16 Page 2 of 2