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Court filing — No. 3:21-cr-00269 (Dkt. 28, N.D. Cal.)

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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
11
          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                                                   )
                                                     )
24

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

28                                                       1
     JOINT STIP. & PROP’D ORDER TO EXCLUDE TIME
     3:19-CR-269 WHO
30
              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.

12

13                                                        Respectfully submitted,
14                                                        STEPHANIE M. HINDS
                                                          United States Attorney
15

16 DATED: April 29, 2022                                         /s/
                                                          SARAH E. GRISWOLD
17                                                        Assistant United States Attorney
18

19                                                        JOSEPH S. BEEMSTERBOER
                                                          Acting Chief, Criminal Division, Fraud Section
20

21 DATED: April 29, 2022                                          /s/
                                                          CHRISTOPHER D. JACKSON
22                                                        Acting Assistant Chief, Criminal Division, Fraud
                                                          Section
23

24 DATED: April 29, 2022                                        /s/
                                                          GUYTON N. JINKERSON
25                                                        Counsel for Defendant LEBNITZ TRAN
26
27

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     JOINT STIP. & PROP’D ORDER TO EXCLUDE TIME
     3:19-CR-269 WHO
30
              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).

12

13 DATED: April 29, 2022                                  ________________________________
                                                          HON. WILLIAM H. ORRICK
14                                                        UNITED STATES DISTRICT JUDGE
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     JOINT STIP. & PROP’D ORDER TO EXCLUDE TIME
     3:19-CR-269 WHO
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