Stipulation to Continue Status Conference and to Exclude Time — Idowu Hashim Shittu — No. 3:22-mj-70007 MAG (Document 22)
Summary
A stipulation and order filed April 19, 2022 as Document 22 in United States v. Idowu Hashim Shittu, Case No. 3:22-mj-70007 MAG, in the U.S. District Court for the Northern District of California, San Francisco Division. To give the defense time to review discovery already produced and for the parties to discuss a potential resolution, the parties ask that the status conference set for April 20, 2022 be continued to May 19, 2022 at 2:30 p.m. They also ask that the time between those dates be excluded under Rule 5.1 and the Speedy Trial Act. Assistant U.S. Attorney Andrew Paulson signed for the government. Magistrate Judge Thomas S. Hixson entered the order on April 19, 2022.
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“Stipulation to Continue Status Conference and to Exclude Time — Idowu Hashim Shittu — No. 3:22-mj-70007 MAG (Document 22).”
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aN Ny DBD WN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:22-mj-70007-MRGD Document 22 Filed 04/19/22 Page 1 of 3 STEPHANIE M. HINDS (CABN 154284) United States Attorney THOMAS A. COLTHURST (CABN 99493) Chief, Criminal Division Fl L E D ANDREW PAULSON (CABN 267095) Assistant United States Attorney Apr 19 2022 450 Golden Gate Avenue, Box 36055 Mark B. Busby San Francisco, California 94102-3495 CLERK, U.S. DISTRICT COURT Telephone: (415) 436-7356 FAX: (415) 436-7234 NORTHERN DISTRICT OF CALIFORNIA Andrew.paulson@usdo}j.gov SAN FRANCISCO Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) Case No. 3:22-mj-70007 MAG ) Plaintiff, ) STIPULATION TO CONTINUE STATUS ) CONFERENCE AND TO EXCLUDE TIME FROM V. ) APRIL 20, 2022 TO MAY 19, 2022 AND ) [PROPOSED] ORDER IDOWU HASHIM SHITTU, ) ) Defendant. ) ) This matter is currently set for a status conference on April 20, 2022. To provide adequate time for the defense to review discovery already produced and for the parties to engage in discussions regarding a potential resolution of this case, the parties hereby request that the status conference be continued to May 19, 2022 at 2:30 p.m. For purposes of computing the date under Rule 5.1 of the Federal Rules of Criminal Procedure for preliminary hearing, and the date under the Speedy Trial Act by which the defendant must be charged by indictment or information, the parties agree that the time period of April 20, 2022 through May 19, 2022, should be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)G) and (h)(7)(B)(v) because: (i) the ends of justice served by the continuance outweigh the best interest of the 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 [Reepesed] Order 3:22-MJ-70007 MAG aN Ny DBD WN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:22-mj-70007-MRGD Document 22 Filed 04/19/22 Page 2 of 3 18 U.S.C. § 3161(b); and (11) failure to grant the continuance would unreasonably deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Defense counsel represents that his client knowingly and voluntarily waives the timing for a preliminary hearing under Federal Rule of Criminal Procedure 5.1 through May 19, 2022. The undersigned Assistant United States Attorney certifies that he has obtained approval from counsel for the defendant to file this stipulation and proposed order. IT IS SO STIPULATED. DATED: April 19, 2022 /s/ Andrew Paulson ANDREW PAULSON Assistant United States Attorney DATED: April 19, 2022 /s/ Mark Reichel MARK REICHEL Counsel for Defendant The Court hereby finds that the Stipulation, which this Court incorporates by reference into this Order, demonstrates facts that support a continuance in this matter, and provides good cause for a finding of excludable time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, as well as to waive the timing for preliminary hearing under Rule 5.1 of the Federal Rules of Criminal Procedure. The Court further finds that: (i) the ends of justice served by the continuance outweigh the best interest of the public and defendant in the filing of an information or indictment within the time period set forth in 18 U.S.C. § 3161(b); and (11) failure to grant the continuance would unreasonably deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. THEREFORE, FOR GOOD CAUSE SHOWN: The status conference in this matter is continued to 2:30 p.m. on May 19, 2022. The time period from April 20, 2022 to May 19, 2022, inclusive, is excluded in computing the time within which an information or indictment must be filed under 18 U.S.C. § 3161(b) pursuant to the provisions of 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)G), and (B)(iv). Nothing in this Order shall preclude a finding that Stip. to Continue Status Conference and Exclude Time and [Rsepesed} Order 3:22-MJ-70007 MAG aN Ny DBD WN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:22-mj-70007-MRGD Document 22 Filed 04/19/22 Page 3 of 3 other provisions of the Speedy Trial Act dictate that additional time periods are excluded from the period within which an information or indictment must be filed. IT IS SO ORDERED. DATED: _4/19/22 TAN - LL HONORABLE THOMAS S. HiXSON United States Magistrate Judge Stip. to Continue Status Conference and Exclude Time and [Branased] Order 3:22-MJ-70007 MAG
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