Stipulation and Proposed Order to Continue Hearing — United States v. Cassie Will-Darnall (Dkt. 13)

Summary

This is a stipulation and proposed order to continue a hearing in United States v. Cassie Will-Darnall. The parties stipulate, subject to the Court's approval, that the status hearing currently set for July 31, 2024, at 10:00 a.m., be continued and set for a possible change of plea. The stated reason is that defense counsel requires additional time to meet and confer with Ms. Will-Darnall about the proposed negotiated disposition and to prepare. The parties also agree that time may be excluded under the Speedy Trial Act. The signature blocks for the Federal Public Defender's office and the United States Attorney's office show /s/ and the date July 25, 2024.

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             Case 5:24-cr-00292-PCP          Document 13        Filed 07/29/24      Page 1 of 3



1    JODI LINKER
     Federal Public Defender
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     VARELL L. FULLER
3    Assistant Federal Public Defender
     55 S. Market Street, Suite 820
4    San Jose, CA 95113
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     Telephone: (408) 291-7753
     Fax: (408)-291-7399
6    Varell_Fuller@fd.org
7    Counsel for Defendant WILL-DARNALL
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                                    UNITED STATES DISTRICT COURT
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                               NORTHERN DISTRICT OF CALIFORNIA
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                                           SAN JOSE DIVISION
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     UNITED STATES OF AMERICA,                        No. CR 24-00292 PCP
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                       Plaintiff,                     STIPULATION AND [PROPOSED] ORDER
14                                                    TO CONTINUE HEARING
            v.
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     CASSIE WILL-DARNALL,
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                       Defendant.
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18                                            STIPULATION
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            The parties, acting through their respective counsel, hereby stipulate, subject to the
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     Court’s approval, that the status hearing currently set for July 31, 2024, at 10:00 a.m., be

22   continued to August 7, 2024, at 10:00 a.m., and set for a possible change of plea. The reason for
23   the requested continuance is the defense counsel requires additional time to meet and confer
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     with Ms. Will-Darnall about the proposed negotiated disposition and to effectively prepare.
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            Accordingly, the parties stipulate and agree that time may be excluded under the Speedy
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27   Trial Act between July 31, 2024, and August 7, 2024, for effective preparation of counsel and in

28   the interest of justice. 18 U.S.C. § 3161(h)(7)(A).

     STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP
            Case 5:24-cr-00292-PCP          Document 13        Filed 07/29/24     Page 2 of 3



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            IT IS SO STIPULATED.
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4    Dated: July 25, 2024                                 JODI LINKER
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                                                          Federal Public Defender
                                                          ___________/s/_______________
6                                                         VARELL L. FULLER
                                                          Assistant Federal Public Defender
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     Dated: July 25, 2024,                                ISMAIL J. RAMSEY
9                                                         United States Attorney
                                                          __________/s/________________
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                                                          SARAH E. GRISWOLD
11                                                        Assistant United States Attorney

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                                         [PROPOSED] ORDER
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14          GOOD CAUSE APPEARING, and upon stipulation of the parties, IT IS HEREBY

15   ORDERED that the status hearing currently set for July 31, 2024, at 10:00 a.m., shall be
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     continued to August 21, 2024, at 10:00 a.m. and set for a possible change of plea.
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            IT IS FURTHER ORDERED that the time from July 31, 2024, through and including
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     August 7, 2024, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and
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20   3161(h)(7)(B)(iv).

21          THE COURT FINDS that failing to exclude the time from July 31, 2024, through and
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     including August 7, 2024, would unreasonably deny defense counsel the reasonable time
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     necessary for effective preparation, taking into account the exercise of due diligence. See 18
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     U.S.C. §3161(h)(7)(B)(iv).

26          THE COURT FURTHER FINDS that the ends of justice served by excluding the time
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     from July 31, 2024, through and including August 21, 2024, from computation under the Speedy
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     STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP
            Case 5:24-cr-00292-PCP           Document 13       Filed 07/29/24      Page 3 of 3



1    Trial Act outweigh the interests of the public and the defendant in a speedy trial. The Court
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     therefore excludes this time pursuant to 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(iv).
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            IT IS SO ORDERED.
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6    DATED: ___________             _____________________________________
                                    HONORABLE P. CASEY PITTS
7                                   United States District Judge
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     STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP


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