Amended Stipulation and Proposed Order to Continue Hearing — United States v. Cassie Will-Darnall (Dkt. 16)

Summary

In United States v. Cassie Will-Darnall, an amended stipulation and proposed order asks the Court to continue the hearing. The parties request that the July 31, 2024, status hearing at 10:00 a.m. be continued to August 21, 2024, at 10:00 a.m., for a change of plea. The order recites that failing to exclude the time would unreasonably deny defense counsel the reasonable time necessary for effective preparation. It states that the ends of justice served by excluding the time outweigh the best interests of the public and the defendant in a speedy trial, and it carries the date July 30, 2024.

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Full text

             Case 5:24-cr-00292-PCP          Document 16        Filed 07/30/24      Page 1 of 3



1    JODI LINKER
     Federal Public Defender
2
     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,                     AMENDED STIPULATION AND
14                                                    [PROPOSED] ORDER TO CONTINUE
            v.                                        HEARING
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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 21, 2024, at 10:00 a.m., and set for a change of plea hearing. 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
26

27   Trial Act between July 31, 2024, and August 21, 2024, for effective preparation of counsel and

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

     AMENDED STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP
            Case 5:24-cr-00292-PCP          Document 16        Filed 07/30/24     Page 2 of 3



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            IT IS SO STIPULATED.
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4    Dated: July 29, 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 29, 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 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 21, 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 21, 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
28


     AMENDED STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP
            Case 5:24-cr-00292-PCP           Document 16       Filed 07/30/24      Page 3 of 3



1    Trial Act outweigh the best 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            July 30, 2024
     DATED: ___________             _____________________________________
                                    HONORABLE P. CASEY PITTS
7                                   United States District Judge
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     AMENDED STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP


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