Stipulation to Continue Status Conference — U.S. v. Idowu Hashim Shittu, No. 3:22-mj-70007 (N.D. Cal.)

Summary

A Stipulation to Continue Status Conference and to Exclude Time from March 14, 2022 to April 20, 2022 and [Proposed] Order in United States of America v. Idowu Hashim Shittu, Case No. 3:22-mj-70007 MAG, Document 18, filed 03/11/22, in the Northern District of California, San Francisco Division. The parties state that the status conference set for March 14, 2022 should be continued to April 20, 2022 to give the defense time to review discovery and to discuss a potential resolution of the case. They agree to exclude the time under 18 U.S.C. § 3161(h)(7), and defense counsel represents that a waiver of the preliminary hearing timing runs through April 20, 2022. The stipulation shows /s/ Andrew Paulson and /s/ Mark Reichel; the proposed order has a line for Magistrate Judge Jacqueline S. Corley.

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                Case 3:22-mj-70007-MAG Document 18 Filed 03/11/22 Page 1 of 3




 1 STEPHANIE M. HINDS (CABN 154284)
   United States Attorney
 2
   THOMAS A. COLTHURST (CABN 99493)
 3 Chief, Criminal Division

 4 ANDREW PAULSON (CABN 267095)
   Assistant United States Attorney
 5
          450 Golden Gate Avenue, Box 36055
 6        San Francisco, California 94102-3495
          Telephone: (415) 436-7356
 7        FAX: (415) 436-7234
          Andrew.paulson@usdoj.gov
 8
   Attorneys for United States of America
 9
                                   UNITED STATES DISTRICT COURT
10
                                 NORTHERN DISTRICT OF CALIFORNIA
11
                                       SAN FRANCISCO DIVISION
12

13   UNITED STATES OF AMERICA,                              )   Case No. 3:22-mj-70007 MAG
                                                            )
14            Plaintiff,                                    )   STIPULATION TO CONTINUE STATUS
                                                            )   CONFERENCE AND TO EXCLUDE TIME FROM
15       v.                                                 )   MARCH 14, 2022 TO APRIL 20, 2022 AND
                                                            )   [PROPOSED] ORDER
16   IDOWU HASHIM SHITTU,                                   )
                                                            )
17            Defendant.                                    )
                                                            )
18

19            This matter is currently set for a status conference on March 14, 2022. To provide adequate time
20 for the defense to review discovery already produced and for the parties to engage in discussions

21 regarding a potential resolution of this case, the parties hereby request that the status conference be

22 continued to April 20, 2022.

23            For purposes of computing the date under Rule 5.1 of the Federal Rules of Criminal Procedure
24 for preliminary hearing, and the date under the Speedy Trial Act by which the defendant must be

25 charged by indictment or information, the parties agree that the time period of March 14, 2022 through

26 April 20, 2022, should be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i) and

27 (h)(7)(B)(iv) because: (i) the ends of justice served by the continuance outweigh the best interest of the

28 public and defendant in the filing of an information or indictment within the period specified in

     Stip. to Continue Status Conference and Exclude Time and [Proposed] Order
     3:22-MJ-70007 MAG
               Case 3:22-mj-70007-MAG Document 18 Filed 03/11/22 Page 2 of 3




 1 18 U.S.C. § 3161(b); and (ii) failure to grant the continuance would unreasonably deny defense counsel

 2 the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

 3 Defense counsel represents that his client knowingly and voluntarily waives the timing for a preliminary

 4 hearing under Federal Rule of Criminal Procedure 5.1 through April 20, 2022.

 5           The undersigned Assistant United States Attorney certifies that he has obtained approval from

 6 counsel for the defendant to file this stipulation and proposed order.

 7

 8           IT IS SO STIPULATED.

 9 DATED: March 11, 2022                                        /s/ Andrew Paulson
                                                                ANDREW PAULSON
10                                                              Assistant United States Attorney

11
     DATED: March 11, 2022                                      /s/ Mark Reichel
12                                                              MARK REICHEL
                                                                Counsel for Defendant
13

14                                                [PROPOSED] ORDER

15           The Court hereby finds that the Stipulation, which this Court incorporates by reference into this

16 Order, demonstrates facts that support a continuance in this matter, and provides good cause for a

17 finding of excludable time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, as well as to waive the

18 timing for preliminary hearing under Rule 5.1 of the Federal Rules of Criminal Procedure.

19           The Court further finds that: (i) the ends of justice served by the continuance outweigh the best

20 interest of the public and defendant in the filing of an information or indictment within the time period

21 set forth in 18 U.S.C. § 3161(b); and (ii) failure to grant the continuance would unreasonably deny

22 defense counsel the reasonable time necessary for effective preparation, taking into account the exercise

23 of due diligence.

24           THEREFORE, FOR GOOD CAUSE SHOWN:

25           The status conference in this matter is continued to 12:00 p.m. on April 20, 2022. The time

26 period from March 14, 2022 to April 20, 2022, inclusive, is excluded in computing the time within

27 which an information or indictment must be filed under 18 U.S.C. § 3161(b) pursuant to the provisions

28 of 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i), and (B)(iv). Nothing in this Order shall preclude a finding

     Stip. to Continue Status Conference and Exclude Time and [Proposed] Order
     3:22-MJ-70007 MAG
               Case 3:22-mj-70007-MAG Document 18 Filed 03/11/22 Page 3 of 3




 1 that other provisions of the Speedy Trial Act dictate that additional time periods are excluded from the

 2 period within which an information or indictment must be filed.

 3           IT IS SO ORDERED.

 4

 5 DATED: March 11, 2022
         ___________________                                             _______________________        ____
                                                                         HONORABLE JACQUELINE S. CORLEY
 6                                                                       United States Magistrate Judge

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     Stip. to Continue Status Conference and Exclude Time and [Proposed] Order
     3:22-MJ-70007 MAG


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