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[PROPOSED] ORDER EXCLUDING TIME 

UNDER THE SPEEDY TRIAL ACT

No.: CR 3-05-70262 JL

KEVIN V. RYAN (CSBN 118321)

United States Attorney

EUMI L. CHOI (WVBN 0722)

Chief, Criminal Division

MONICA FERNANDEZ (CSBN 168216)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495

Telephone: (415) 436-7065

FAX: (415) 436-7234

E-mail: Monica.L.Fernandez@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

TIFFANY STUART, aka Jane Doe,

JENNIFER LANGE, and

BRANDY DOUGLAS,

Defendants.

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No.: CR 3-05-70262 JL

[PROPOSED] ORDER EXCLUDING

TIME UNDER THE SPEEDY TRIAL ACT

This matter came on the calendar of the Honorable Nandor J. Vadas on July 21, 2005, for

preliminary hearing or arraignment as to defendants TIFFANY STUART, JENNIFER LANGE,

and BRANDY DOUGLAS. At the parties’ request, the Court continued the matter until

September 6, 2005 for preliminary hearing or arraignment. The defendants had previously

agreed to an extension of time for the preliminary hearing under Federal Rule of Criminal

Procedure 5.1(d). The parties agree that a further extension of time implicates the Speedy Trial

Case 3:05-mj-70262-MAG Document 60 Filed 08/23/05 Page 1 of 3
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[PROPOSED] ORDER EXCLUDING TIME 

UNDER THE SPEEDY TRIAL ACT

No.: CR 3-05-70262 JL 2

Act, 18 U.S.C. § 3161(b), because this extension is beyond the thirty-day time limit for

indictment required by the Speedy Trial Act.

The parties requested an exclusion of time under the Speedy Trial Act from July 21

through September 6, 2005 based upon the need for effective preparation of counsel. The

government is in the process of providing discovery to the defense. Additionally, the parties are

engaged in discussions which may lead to pre-indictment resolution of this matter. Therefore,

the parties are requesting an exclusion of time under the Speedy Trial Act. The parties agree that

the time from July 21 through September 6, 2005 should be excluded in computing the time

within which an information or indictment must be filed. See 18 U.S.C. § 3161(h)(8)(A) and

(B)(iv).

Accordingly, the Court HEREBY ORDERS that the time from July 21 through

September 6, 2005 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161. The Court finds

that the failure to grant the requested exclusion would deny the defendants reasonable time

necessary for effective preparation, taking into account the exercise of due diligence. See 18

U.S.C. § 3161(h)(8)(B)(iv). The Court finds that the ends of justice served by granting the

requested exclusion outweigh the best interest of the public and the defendants in a speedy trial

and in the prompt disposition of criminal cases. See 18 U.S.C. § 3161(h)(8)(A). The Court

therefore concludes that this exclusion of time should be made under 18 U.S.C. § 3161(h)(8)(A).

SO ORDERED.

DATED: ___________________________________

HONORABLE EDWARD M. CHEN

UNITED STATES MAGISTRATE JUDGE

Approved as to form:

 /s/ Josh Cohen

JOSH COHEN, ESQ.

Assistant Federal Public Defender

Attorney for Defendant Stuart

/s/ Suzanne Luban

SUZANNE LUBAN, ESQ.

Attorney for Defendant Lange

Nandor J. Vadas

Case 3:05-mj-70262-MAG Document 60 Filed 08/23/05 Page 2 of 3
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[PROPOSED] ORDER EXCLUDING TIME 

UNDER THE SPEEDY TRIAL ACT

No.: CR 3-05-70262 JL 3

/s/ Geoffrey Rotwein

GEOFFREY ROTWEIN, ESQ.

Attorney for Defendant DOUGLAS

/s/ Monica Fernandez

MONICA FERNANDEZ

Assistant United States Attorney

Case 3:05-mj-70262-MAG Document 60 Filed 08/23/05 Page 3 of 3