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Court filing — E.D. Cal. No. 1:22-cr-00129 (Dkt. 33, E.D. Cal.)

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     Case 1:22-cr-00129-ADA-BAM Document 33 Filed 02/15/23 Page 1 of 3


 1   HEATHER E. WILLIAMS, CA Bar #122664
     Federal Defender
 2   ERIN SNIDER, CA Bar #304781
     Assistant Federal Defender
 3   Office of the Federal Defender
     2300 Tulare Street, Suite 330
 4   Fresno, CA 93721-2226
     Telephone: (559) 487-5561
 5   Fax: (559) 487-5950
 6   Attorneys for Defendant
     APRYL WESTON
 7
 8                              IN THE UNITED STATES DISTRICT COURT
 9                           FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11    UNITED STATES OF AMERICA,                      Case No. 1:22-cr-00129-ADA-BAM
12                       Plaintiff,                  STIPULATION TO CONTINUE STATUS
                                                     CONFERENCE; ORDER
13    vs.
                                                     Date: May 24, 2023
14    MAKIAH MILES and APRYL                         Time: 1:00 p.m.
      WESTON,                                        Judge: Hon. Barbara A. McAuliffe
15
                        Defendants.
16
17             IT IS HEREBY STIPULATED by and between the parties through their respective
18   counsel, Assistant United States Attorney Joseph Barton, counsel for plaintiff, James Raymond
19   Homola, counsel for Makiah Miles, and Assistant Federal Defender Erin Snider, counsel for
20   Apryl Weston, that the Court may continue the status conference currently scheduled for
21   February 22, 2023, at 1:00 p.m. to May 24, 2023, at 1:00 p.m.
22             The parties agree and request that the Court make the following findings:
23             1.     By previous order, this matter was set for a status conference on February 22,
24   2023, at 1:00 p.m.
25             2.     The government has provided 3,449 Bates-marked pages of discovery in this
26   matter.
27             3.     Counsel for Ms. Miles and counsel for Ms. Weston require additional time to
28   review discovery, consult with their clients regarding their options, and conduct necessary
     Case 1:22-cr-00129-ADA-BAM Document 33 Filed 02/15/23 Page 2 of 3


 1   investigation.
 2            5.         Counsel for Ms. Miles and counsel for Ms. Weston believes that failure to grant
 3   the above-requested continuance would deny them the reasonable time necessary for effective
 4   preparation, taking into account the exercise of due diligence.
 5            6.         The government does not object to the continuance.
 6            7.         Based on the above-stated findings, the ends of justice served by continuing the
 7   case as requested outweigh the interest of the public and the defendant in a trial within the
 8   original date prescribed by the Speedy Trial Act.
 9            8.         For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161,
10   et seq., within which trial must commence, the time period of February 22, 2023, to May 24,
11   2023, inclusive, is excludable pursuant to 18 U.S. C. § 3161(h)(7)(A) and (B)(iv).
12            IT IS SO STIPULATED.
13                                                        Respectfully submitted,
14
                                                          PHILLIP A. TALBERT
15                                                        United States Attorney
16   Date: February 15, 2023                              /s/ Joseph Barton
                                                          JOSEPH BARTON
17                                                        Assistant United States Attorney
                                                          Attorney for Plaintiff
18
19   Date: February 15, 2023                              /s/ James Raymond Homola
                                                          JAMES RAYMOND HOMOLA
20                                                        Attorney for Defendant
                                                          MAKIAH MILES
21
22                                                        HEATHER E. WILLIAMS
                                                          Federal Defender
23
24   Date: February 15, 2023                              /s/ Erin Snider
                                                          ERIN SNIDER
25                                                        Assistant Federal Defender
                                                          Attorney for Defendant
26                                                        APRYL WESTON
27

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      Miles and Weston – Stipulation to Continue Status      2
      Conference
     Case 1:22-cr-00129-ADA-BAM Document 33 Filed 02/15/23 Page 3 of 3


 1                                                        ORDER
 2            IT IS SO ORDERED that the status conference is continued from February 22, 2023, to
 3   May 24, 2023 at 1:00 p.m. before Magistrate Judge Barbara A. McAuliffe. Time is excluded

 4   pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

 5
     IT IS SO ORDERED.
 6
 7       Dated:         February 15, 2023                           /s/ Barbara A. McAuliffe   _
                                                                UNITED STATES MAGISTRATE JUDGE
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      Miles and Weston – Stipulation to Continue Status     3
      Conference


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