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`BRIAN J. STRETCH (CABN 163973)
`Acting United States Attorney
`
`DAVID R. CALLAWAY (CABN 121782)
`Chief, Criminal Division
`
`ANDREW S. HUANG (CABN 193730)
`Assistant United States Attorney
`1301 Clay Street, Suite 340S
`Oakland, California 94612
`Telephone: (510) 637-3680
`FAX: (510) 637-3724
`andrew.huang@usdoj.gov
`
`
`Attorneys for United States of America
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`
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`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`OAKLAND DIVISION
`
`CASE NO. CR 15-00149 HSG
`
`STIPULATED REQUEST AND ORDER TO
`EXCLUDE TIME UNDER THE SPEEDY TRIAL
`ACT, 18 U.S.C. § 3161 ET SEQ.
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`UNITED STATES OF AMERICA,
`
`Plaintiff,
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`v.
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`HUGO JOHN SCHERZBERG,
`
`Defendant.
`
` A
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` status hearing was held on December 14, 2015, in the above-captioned matter. For the reasons
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`stated before the Court during the status hearing, and as set forth below, the parties stipulated, and the
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`Court found, that an exclusion of time was appropriate under the Speedy Trial Act, 18 U.S.C.
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`§§ 3161(h)(7)(A) and (B)(iv), between December 14, 2015, and January 11, 2016. In support of this
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`exclusion of time, the parties hereby stipulate as follows:
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`1.
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`On May 20, 2015, the government provided the defense approximately 126 pages
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`of discovery. Additional discovery was provided on November 9, 2015.
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`2.
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`3.
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`More discovery is available for inspection by the defense.
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`The parties have engaged in plea negotiations and, through this negotiation
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`process, issues relating to potential defenses and sentencing mitigation have arisen.
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`No. CR 15-00149 HSG
`STIP’D REQ. & [PROP’D] ORD. EXCL. TIME
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`Case 4:15-cr-00149-HSG Document 30 Filed 01/11/16 Page 2 of 2
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`4.
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`Additional time is required for the defense to conduct additional legal research
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`and provide necessary legal advice, including consideration of a potential resolution by plea
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`agreement.
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`5.
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`The Court may appropriately find that the ends of justice served by continuing
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`this matter to January 11, 2016, outweigh the best interests of the public and the defendant in a
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`speedy and public trial because failure to grant such a continuance would deny defense counsel
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`reasonable time for effective preparation, taking into account the exercise of due diligence.
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`WHEREFORE, the parties request that the Court exclude time from computation under the
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`Speedy Trial Act, 18 U.S.C. §§ 3161(h) (7)(A) and (B)(iv), from December 14, 2015, through January
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`11, 2016.
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`Respectfully submitted,
`
`BRIAN J. STRETCH
`Acting United States Attorney
`
` /s/
`
`ANDREW S. HUANG
`Assistant United States Attorney
`
`
`
`
` /s/
`
`JEROME MATTHEWS, Esq.
`Assistant Federal Public Defender
`Counsel to Defendant Scherzberg
`
`
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`
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`Hon. HAYWOOD S. GILLIAM, Jr.
`United States District Judge
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`DATED: January 11, 2016
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`SO ORDERED.
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`January 11, 2016
`Date
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`No. CR 15-00149 HSG
`STIP’D REQ. & [PROP’D] ORD. EXCL. TIME
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