Stipulation and Proposed Order to Continue Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 22)

Summary

Document 22 in United States of America v. Cassie Will-Darnall, No. CR 24-00292 PCP (N.D. Cal., San Jose Division), is a Stipulation and [Proposed] Order to Continue Change of Plea Hearing filed September 5, 2024. Counsel for the defendant, Assistant Federal Public Defender Varell L. Fuller, and Assistant United States Attorney Sarah E. Griswold show /s/ on the signature lines. The stipulation moves a hearing set for September 11, 2024 to October 9, 2024, because defense counsel requires additional time to research and investigate an issue that is material to a possible negotiated disposition. The proposed order says the time from September 11, 2024 through and including October 9, 2024 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(iv), and the judge line for Honorable P. Casey Pitts carries the date September 5, 2024.

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Full text

             Case 5:24-cr-00292-PCP          Document 22          Filed 09/05/24    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 CHANGE OF PLEA
            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 change of plea hearing currently set for September 11, 2024, at 10:00

22   a.m., be continued to October 9, 2024, at 10:00 a.m. The reason for the continuance is defense
23   counsel requires additional time to research and investigate an issue that is material to a possible
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     negotiated disposition
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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 September 11, 2024, and October 9, 2024, for effective preparation of counsel

28   and in 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 22        Filed 09/05/24     Page 2 of 3



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            IT IS SO STIPULATED.
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4    Dated: September 5, 2024                             JODI LINKER
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                                                          Federal Public Defender
                                                          ___________/s/_______________
6                                                         VARELL L. FULLER
                                                          Assistant Federal Public Defender
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     Dated: Seotember 5, 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 change of plea hearing currently set for September 11, at 10:00 a.m., shall
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     be continued to October 9, 2024, at 10:00 a.m.
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            IT IS FURTHER ORDERED that the time from September 11, 2024, through and
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     including October 9, 2024, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A)
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20   and 3161(h)(7)(B)(iv).

21          THE COURT FINDS that failing to exclude the time from September 11, 2024, through
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     and including October 9, 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 September 11, 2024, through and including October 9, 2024, from computation under the
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     STIPULATION AND [PROPOSED] ORDER
     CR 24-00292-PCP
            Case 5:24-cr-00292-PCP          Document 22        Filed 09/05/24     Page 3 of 3



1    Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial. The
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     Court 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: September 5, 2024 _____________________________________
            ___________
                              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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