Assented to Motion to Continue Trial for 30 days by Heath Gauthier — USA v. Gauthier (Dkt. 34)

Summary

Assented to Motion to Continue for 30 Days, Document 34, filed 01/29/24 in United States of America v. Heath Gauthier, No. 23-cr-15-JL (D.N.H.). Heath Gauthier, through his attorney Dorothy E. Graham, asks the court to continue the trial scheduled for the February 6, 2024 trial period. The motion says the prosecutor Kasey Weiland replaced Matthew Hunter by an appearance filed January 9, 2024, and that she and defense counsel met on January 26, 2024 and have been able to discuss and negotiate the terms of a plea agreement. Counsel says she would appreciate an additional week for scheduling leeway, and the government assents. A certification says Graham consulted the defendant, who personally assented and is waiving his speedy trial rights. Graham signs with /s/ on January 29, 2024.

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Full text

1 
UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
 
UNITED STATES OF AMERICA  
 
 
 
v.                                     
 
 
 
 
 
                                     
Cr. No. 23-cr-15-JL 
 
 
HEATH GAUTHIER  
 
 
ASSENTED TO MOTION TO CONTINUE FOR 30 DAYS 
 
Heath Gauthier, through his attorney, Dorothy E. Graham, respectfully requests that this 
Court continue the trial currently scheduled for the February 6, 2024 trial period.  Grounds 
follow: 
While defense counsel has been appointed since the beginning of this case, AUSA Kasey 
Weiland just recently filed an appearance to replace AUSA Matthew Hunter on January 9, 2024. 
ECF Doc. 33.  AUSA Weiland and undersigned counsel met on January 26, 2024 to review the 
CP images and have been able to discuss and negotiate the terms of a plea agreement.  Once 
undersigned counsel receives the plea agreement – which is expected forthwith - undersigned 
counsel will go to the jail and review the document with Mr. Gauthier.  While it is possible that 
counsel could receive the plea agreement and coordinate a visit before February 6, 2024, counsel 
would appreciate an additional week to provide some leeway with counsel’s schedule.   
The government, through AUSA Kasey Weiland, assents. 
Certification 
 
I, Dorothy E. Graham, Assistant Federal Defender, certify that (1) I have consulted with 
the defendant about the requested continuance; (2) I have explained that by seeking a 
continuance, he is waiving his constitutional and statutory rights to a speedy trial; and (3) he has 
Case 1:23-cr-00015-JL-TSM     Document 34     Filed 01/29/24     Page 1 of 2

 
 
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personally assented to the continuance and; (4) I will forthwith mail him a copy of the motion to 
continue.   
Heath Gauthier respectfully requests the Court to:  
a)  
Grant this motion and continue the trial for 30 days; 
b) 
Grant such other and further relief as may be just. 
 
Respectfully submitted, 
HEATH GAUTHIER  
By His Attorney, 
 
Date: January 29, 2024 
 
 
 
/s/ Dorothy E. Graham 
Dorothy E. Graham 
N.H. Bar No. 11292
Assistant Federal Public Defender 
Federal Defender Office 
22 Bridge Street, Box 12 
Concord, NH 03301 
Tel. (603) 226-7360 
E-mail: dorothy_graham@fd.org 
 
 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that the above document was served on the following person on January 
29, 2024 and in the manner specified herein: electronically served through CM/ECF to AUSA 
Kasey Weiland. 
 
 
/s/ Dorothy E. Graham 
Dorothy E. Graham 
Case 1:23-cr-00015-JL-TSM     Document 34     Filed 01/29/24     Page 2 of 2

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