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Case 3:21-cr-00269-WHO Document 28 Filed 04/29/22 Page 1 of 3
1 STEPHANIE M. HINDS (CABN 154284)
United States Attorney
2
THOMAS A. COLTHURST (CABN 99493)
3 Chief, Criminal Division
4 SARAH E. GRISWOLD (CABN 240326)
Assistant United States Attorney
5
150 Almaden Boulevard, Suite 900
6 San Jose, California 95113
Telephone: (408) 535-5061
7 FAX: (408) 535-5081
sarah.griswold@usdoj.gov
8
JOSEPH S. BEEMSTERBOER (ILBN 6280961)
9 Acting Chief, Criminal Division, Fraud Section
10 CHRISTOPHER D. JACKSON (VABN 75027)
Acting Assistant Chief, Criminal Division, Fraud Section
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1400 New York Avenue, N.W.
12 Washington, D.C. 20530
Telephone: (202) 514-2000
13 christopher.jackson5@usdoj.gov
14 Attorneys for United States of America
15 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 SAN FRANCISCO DIVISION
18 UNITED STATES OF AMERICA, ) CASE NO. 3:21-CR-269 WHO
)
19 Plaintiff, ) JOINT STIPULATION AND ORDER TO
) CONTINUE STATUS CONFERENCE TO JUNE 30,
20 v. ) 2022, AND TO EXCLUDE TIME FROM MAY 5,
) 2022, THROUGH JUNE 30, FROM THE SPEEDY
21 LEBNITZ TRAN, A/K/A VIET TRAN, ) TRIAL ACT CALCULATION UNDER 18 U.S.C.
) § 3161(h)(7)(A) AND (h)(7)(B)(iv)
22 Defendant. )
)
23 )
)
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25 JOINT STIPULATION
26 The parties are scheduled to appear before the Court on Thursday, May 5, 2022. The parties
27 hereby provide the Court with a status update on this case and request the Court continue the status
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Case 3:21-cr-00269-WHO Document 28 Filed 04/29/22 Page 2 of 3
1 conference to June 30, 2022. The United States has provided approximately 63,825 pages of discovery
2 in this matter and will continue to provide any additional discovery as it is received. Defense counsel
3 needs additional time to review the discovery and to conduct his own investigation. The parties are also
4 in discussions to attempt resolve this case.
5 Accordingly, the parties hereby request that the status conference set for May 5, 2022, be
6 continued to June 30, 2022, at 1:30 p.m.
7 The parties hereby stipulate that the time from May 5, 2022, through June 30, 2022, should be
8 excluded from the period of time within which the defendant’s trial must commence pursuant to the
9 Speedy Trial Act in order to allow defense counsel sufficient time to prepare effectively, taking into
10 account the exercise of due diligence. Furthermore, the parties stipulate that the ends of justice served
11 by granting the request outweigh the best interest of the public and the defendant in a speedy trial.
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13 Respectfully submitted,
14 STEPHANIE M. HINDS
United States Attorney
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16 DATED: April 29, 2022 /s/
SARAH E. GRISWOLD
17 Assistant United States Attorney
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19 JOSEPH S. BEEMSTERBOER
Acting Chief, Criminal Division, Fraud Section
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21 DATED: April 29, 2022 /s/
CHRISTOPHER D. JACKSON
22 Acting Assistant Chief, Criminal Division, Fraud
Section
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24 DATED: April 29, 2022 /s/
GUYTON N. JINKERSON
25 Counsel for Defendant LEBNITZ TRAN
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Case 3:21-cr-00269-WHO Document 28 Filed 04/29/22 Page 3 of 3
1 ORDER
2 Based upon the representations made in the parties’ stipulation above and for good cause shown,
3 the COURT HEREBY ORDERS that the status conference set for May 5, 2022, is continued to June 30,
4 2022, at 1:30 p.m. The COURT FURTHER ORDERS that the time from Mary 5, 2022, through June
5 30, 2022, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(iv).
6 The Court finds that defense counsel needs additional time to review discovery and investigate this
7 matter, and that the failure to grant this request would unreasonably deny defense counsel reasonable
8 time to effectively prepare, taking into account the exercise of due diligence. Furthermore, the Court
9 finds that the ends of justice served by granting the request outweigh the best interest of the public and
10 the defendant in a speedy trial and in the prompt disposition of criminal cases. The Court therefore
11 excludes this time pursuant to 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(iv).
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13 DATED: April 29, 2022 ________________________________
HON. WILLIAM H. ORRICK
14 UNITED STATES DISTRICT JUDGE
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