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Stipulation to Vacate Trial Date and Schedule a Change of Plea Hearing — United States v. Newcomb (Dkt. 41)

Summary

Stipulation to vacate the trial date and schedule a change of plea hearing, with an order, filed December 18, 2024 as Document 41 in United States v. Royce Newcomb, Case No. 1:22-cr-00287, in the U.S. District Court for the Eastern District of California. The parties stipulate that a change of plea hearing be set for January 27, 2025 before the assigned District Judge, stating that they have filed a plea agreement. The trial confirmation hearing and trial scheduled for March 10, 2025 and May 13, 2025 are vacated. Time under the Speedy Trial Act is further excluded from December 18, 2024 through January 27, 2025 under 18 U.S.C. § 3161(h)(7)(A) and (h)(7)(B)(iv), and the order is signed /s/ Barbara A. McAuliffe.

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“Stipulation to Vacate Trial Date and Schedule a Change of Plea Hearing — United States v. Newcomb (Dkt. 41).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-1-22-cr-00287-dkt-41-e-d-cal-c42a6e521f/, SHA-256 c82fe83556155539ab651708ad88552faf6ea45b346bb4e351b3c5e64590b5ff.

Full text

     Case 1:22-cr-00287-NODJ-BAM Document 41 Filed 12/18/24 Page 1 of 4


1     PHILLIP A. TALBERT
      United States Attorney
2     JOSEPH D. BARTON
      Assistant United States Attorney
3     2500 Tulare Street, Suite 4401
      Fresno, CA 93721
4     Telephone: (559) 497-4000
      Facsimile: (559) 497-4099
5
6     Attorneys for Plaintiff
      United States of America
7
8
9                              IN THE UNITED STATES DISTRICT COURT
10                          FOR THE EASTERN DISTRICT OF CALIFORNIA
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12     UNITED STATES OF AMERICA                         Case No. 1:22-cr-00287-NODJ-BAM
13
                      Plaintiff,                        STIPULATION TO VACATE TRIAL DATE
14                                                      AND SCHEDULE A CHANGE OF PLEA
                                                        HEARING
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             v.
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       ROYCE NEWCOMB,
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                      Defendant.
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20           IT IS HEREBY STIPULATED between the parties that a change of plea hearing may be

21    scheduled for January 27, 2025, at 8:30 a.m., before the assigned District Judge. The parties
22    have filed a plea agreement with the Court. The trial confirmation hearing and trial that were
23    scheduled for March 10, 2025, and May 13, 2025, respectively, can be vacated.
24           Time under the Speedy Trial Act has already been excluded through May 13, 2025.
25    ///
26    ///
27    ///
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     Case 1:22-cr-00287-NODJ-BAM Document 41 Filed 12/18/24 Page 2 of 4


1     The parties request that the Court further exclude time under the Speedy Trial Act from
2     December 18, 2024, through January 27, 2025, for purposes of defense preparation and
3     continuity of defense counsel pursuant to 18 U.S.C. § 3161(h)(7)(A) and (h)(7)(B)(iv).
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6      Dated: December 18, 2024                         /s/ Peter Jones
                                                        Peter Jones
7                                                       Counsel for Royce Newcomb
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       Dated: December 18, 2024                         /s/ Joseph Barton
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                                                        Joseph Barton
10                                                      Assistant United States Attorney

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     Case 1:22-cr-00287-NODJ-BAM Document 41 Filed 12/18/24 Page 3 of 4


1     PHILLIP A. TALBERT
      United States Attorney
2     JOSEPH D. BARTON
      Assistant United States Attorney
3     2500 Tulare Street, Suite 4401
      Fresno, CA 93721
4     Telephone: (559) 497-4000
      Facsimile: (559) 497-4099
5
6     Attorneys for Plaintiff
      United States of America
7
8
                               IN THE UNITED STATES DISTRICT COURT
9
                            FOR THE EASTERN DISTRICT OF CALIFORNIA
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       UNITED STATES OF AMERICA                         Case No. 1:22-cr-00287-NODJ-BAM
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13                    Plaintiff,                        ORDER TO VACATE TRIAL AND SET
                                                        CHANGE OF PLEA HEARING
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             v.
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       ROYCE NEWCOMB
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                      Defendant.
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19           Upon the parties’ stipulation, and for good cause shown, a change of plea hearing is

20    scheduled for January 27, 2025, at 8:30 a.m., before the assigned District Judge. The trial

21    confirmation hearing and trial that were scheduled for March 10, 2025, and May 13, 2025,

22    respectively, are vacated. Time under the Speedy Trial Act has already been excluded through

23    May 13, 2025.

24    ///

25    ///

26    ///

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     Case 1:22-cr-00287-NODJ-BAM Document 41 Filed 12/18/24 Page 4 of 4


1     The Court further excludes time under the Speedy Trial Act from December 18, 2024, through
2     January 27, 2025, for purposes of defense preparation and continuity of defense counsel pursuant
3     to 18 U.S.C. § 3161(h)(7)(A) and (h)(7)(B)(iv).
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5     IT IS SO ORDERED.
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         Dated:    December 18, 2024                         /s/ Barbara A. McAuliffe             _
7                                                       UNITED STATES MAGISTRATE JUDGE
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