Full text
Case 1:22-cr-00129-NODJ-BAM Document 56 Filed 12/06/23 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-NODJ-BAM
12 Plaintiff, STIPULATION TO VACATE STATUS
CONFERENCE AND SET FOR CHANGE-
13 vs. OF-PLEA HEARING; ORDER
14 MAKIAH MILES and APRYL Date: January 16, 2024
WESTON, Time: 8:30 a.m.
15 Judge: Hon. Charles R. Breyer
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 vacate the status conference currently scheduled for December
21 13, 2023, at 1:00 p.m. and set a change-of-plea hearing for both defendants on January 16, 2024,
22 at 8:30 a.m.
23 The parties agree and request that the Court make the following findings:
24 1. By previous order, this matter was set for a status conference on December 13,
25 2023, at 1:00 p.m.
26 2. The parties have reached a tentative resolution to resolve the case against both
27 defendants.
28 3. The parties therefore request that the Court vacate the December 13, 2023 status
Case 1:22-cr-00129-NODJ-BAM Document 56 Filed 12/06/23 Page 2 of 3
1 conference and set a change-of-plea hearing for both defendants on January 16, 2024, at 8:30
2 a.m.
3 4. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161,
4 et seq., within which trial must commence, the parties agree that the time period of December 13,
5 2023, to January 16, 2024, inclusive, is excludable pursuant to 18 U.S. C. § 3161(h)(1)(G) and
6 (h)(7)(B)(iv). Specifically, the parties agree that the ends of justice served by continuing the case
7 as requested outweigh the interest of the public and the defendant in a trial within the original
8 date prescribed by the Speedy Trial Act because the continuance ensures continuity of counsel
9 and the delay results from defense counsels’ continued review of discovery and case assessment,
10 defense counsels’ need to review the plea agreements with their clients, and the court’s
11 consideration of the plea agreement.
12
13 IT IS SO STIPULATED.
14 Respectfully submitted,
15
PHILLIP A. TALBERT
16 United States Attorney
17 Date: December 6, 2023 /s/ Joseph Barton
JOSEPH BARTON
18 Assistant United States Attorney
Attorney for Plaintiff
19
20 Date: December 6, 2023 /s/ James Raymond Homola
JAMES RAYMOND HOMOLA
21 Attorney for Defendant
MAKIAH MILES
22
23 HEATHER E. WILLIAMS
Federal Defender
24
25 Date: December 6, 2023 /s/ Erin Snider
ERIN SNIDER
26 Assistant Federal Defender
Attorney for Defendant
27 APRYL WESTON
28
Miles and Weston – Stipulation to Vacate Status Conference 2
and Set for Change-of-Plea Hearing
Case 1:22-cr-00129-NODJ-BAM Document 56 Filed 12/06/23 Page 3 of 3
1 ORDER
2 IT IS SO ORDERED. The status currently scheduled for December 13, 2023, at 1:00
3 p.m. is vacated. A change-of-plea hearing for both defendants is hereby set for January 16,
4 2024, at 11:00 a.m. before the Honorable Charles R. Breyer. For the purpose of computing
5 time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence,
6 the time period of December 13, 2023, to January 26, 2024, inclusive, is excludable pursuant to
7 18 U.S.C. § 3161(h)(1)(G) and (h)(7)(B)(iv).
8
IT IS SO ORDERED.
9
10 Dated: December 6, 2023 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Miles and Weston – Stipulation to Vacate Status Conference 3
and Set for Change-of-Plea Hearing