Arraignment on Information, and Change of Plea Hearing — United States v. Ellard (Dkt. 5, E.D. Cal.)

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A stipulation and order regarding initial appearance, arraignment on information and change of plea hearing in United States v. Henry Ellard, Jr., Case No. 1:24-cr-00222, in the U.S. District Court for the Eastern District of California, filed September 18, 2024 as Document 5. The parties state that the defendant has agreed to a plea agreement to resolve the case before indictment and ask that the hearings be set for November 6, 2024 at 8:30 a.m. United States Magistrate Judge Barbara A. McAuliffe grants the request and excludes the time under 18 U.S.C. § 3161(h)(7)(A) for defense preparation.

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Case 1:24-cr-00222-NODJ-BAM Document 5 Filed 09/18/24 Page 1 of 3


1    PHILLIP A. TALBERT
     United States Attorney
2    JOSEPH D. BARTON
     ARELIS M. CLEMENTE
3    Assistant United States Attorneys
     2500 Tulare Street, Suite 4401
4    Fresno, CA 93721
     Telephone: (559) 497-4000
5    Facsimile: (559) 497-4099
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     Attorneys for Plaintiff
7    United States of America
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                              IN THE UNITED STATES DISTRICT COURT
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                           FOR THE EASTERN DISTRICT OF CALIFORNIA
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      UNITED STATES OF AMERICA                         Case No. 1:24-cr-00222-NODJ-BAM
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14                   Plaintiff,                        STIPULATION RE INITIAL APPEARANCE,
                                                       ARRAIGNMENT ON INFORMATION, AND
15                                                     CHANGE OF PLEA HEARING
16          v.
17    HENRY ELLARD, JR.,
18                   Defendant.
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21          The defendant has been charged in this case by information and the parties have filed a

22   plea agreement to resolve the case pre-indictment. The parties request that the Court schedule

23   an initial appearance, arraignment on the information, and change of plea hearing for November

24   6, 2024, at 8:30 a.m., before the assigned District Judge. The parties have cleared this date with

25   the Court. Time under the speedy trial act has not begun to run because the defendant has not

26   made his initial appearance in this case.

27   ///

28   ///

     Case 1:24-cr-00222-NODJ-BAM Document 5 Filed 09/18/24 Page 2 of 3


1    Nonetheless, and out of abundance of caution, the parties request that the Court exclude time
2    under the Speedy Trial Act from September 17, 2024, through November 6, 2024, for purposes
3    of defense preparation and continuity of defense counsel pursuant to 18 U.S.C. § 3161(h)(7)(A)
4    and (h)(7)(B)(iv).
5           IT IS SO STIPULATED.
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8     Dated: September 17, 2024                        /s/ Jeffrey Hammerschmidt
                                                       Jeffrey Hammerschmidt
9                                                      Counsel for Henry Ellard, Jr.
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      Dated: September 17, 2024                        /s/ Joseph Barton
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                                                       Joseph Barton
12                                                     Arelis Clemente
                                                       Assistant United States Attorneys
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     Case 1:24-cr-00222-NODJ-BAM Document 5 Filed 09/18/24 Page 3 of 3


1    PHILLIP A. TALBERT
     United States Attorney
2    JOSEPH D. BARTON
     HENRY Z. CARBAJAL III
3    Assistant United States Attorneys
     2500 Tulare Street, Suite 4401
4    Fresno, CA 93721
     Telephone: (559) 497-4000
5    Facsimile: (559) 497-4099
6
     Attorneys for Plaintiff
7    United States of America
8
9                               IN THE UNITED STATES DISTRICT COURT
10                           FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12    UNITED STATES OF AMERICA                        Case No. 1:24-cr-00222-NODJ-BAM
13                     Plaintiff,                     ORDER RE INITIAL APPEARANCE,
                                                      ARRAIGNMENT ON INFORMATION,
14                                                    AND CHANGE OF PLEA HEARING
            v.
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      HENRY ELLARD, JR.,
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                       Defendant.
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            Upon the parties’ stipulation, and for good cause shown, an initial appearance,
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     arraignment on the information, and change of plea hearing are scheduled for November 6,
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     2024, at 8:30 a.m., before the assigned District Judge. Time under the Speedy Trial Act is
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     excluded from September 17, 2024, through November 6, 2024, for purposes of defense
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     preparation and continuity of defense counsel pursuant to 18 U.S.C. § 3161(h)(7)(A) and
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     (h)(7)(B)(iv).
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     IT IS SO ORDERED.
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27      Dated:        September 18, 2024                     /s/ Barbara A. McAuliffe             _
                                                      UNITED STATES MAGISTRATE JUDGE
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