Stipulation and Proposed Order to Continue Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 25)

Summary

A Stipulation and [Proposed] Order to Continue Change of Plea Hearing in United States of America v. Cassie Will-Darnall, No. CR 24-00292 PCP, Document 25, filed October 8, 2024, in the U.S. District Court for the Northern District of California. The parties stipulate to move the change of plea hearing set for October 9, 2024, at 10:00 a.m., to October 30, 2024, at 10:00 a.m. The stated reasons are that defense counsel is unavailable on the current date and requires additional time to research and investigate an issue that is material to a possible negotiated disposition. The proposed order excludes the time from October 9, 2024 through and including October 30, 2024 under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(iv). Varell L. Fuller and Sarah E. Griswold show /s/ on the signature lines.

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“Stipulation and Proposed Order to Continue Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 25).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-cand-430212-25-0-168246a927/, SHA-256 17e81f32b090a9b8337080a3bdae63664e7fc242fc31299efcfa0440b7332240.

Full text

Case 5:24-cr-00292-PCP Document 25 Filed 10/08/24 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
5
Telephone: (408) 291-7753
Fax: (408)-291-7399
6 Varell_Fuller@fd.org
7 Counsel for Defendant WILL-DARNALL
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11

12
UNITED STATES OF AMERICA, No. CR 24-00292 PCP
13
Plaintiff, STIPULATION AND [PROPOSED] ORDER
14 TO CONTINUE CHANGE OF PLEA
v. HEARING
15
CASSIE WILL-DARNALL,
16
Defendant.
17

18 STIPULATION
19
The parties, acting through their respective counsel, hereby stipulate, subject to the
20

21
Court’s approval, that the change of plea hearing currently set for October 9, 2024, at 10:00

22 a.m., be continued to October 30, 2024, at 10:00 a.m. The reason for the continuance is that
23 defense counsel is unavailable on the current date due to a family medical emergency.
24
Additionally, defense counsel requires additional time to research and investigate an issue that is
25
material to a possible negotiated disposition
26

STIPULATION AND [PROPOSED] ORDER
CR 24-00292-PCP
Case 5:24-cr-00292-PCP Document 25 Filed 10/08/24 Page 2 of 3

1 Accordingly, the parties stipulate and agree that time may be excluded under the Speedy
2
Trial Act between October 9, 2024, and October 30, 2024, for effective preparation of counsel
3
and in the interest of justice. 18 U.S.C. § 3161(h)(7)(A).
4

6 IT IS SO STIPULATED.
7

8
Dated: October 8, 2024 JODI LINKER
Federal Public Defender
9 ___________/s/_______________
VARELL L. FULLER
10
Assistant Federal Public Defender
11

12 Dated: October 8, 2024, ISMAIL J. RAMSEY
United States Attorney
13
__________/s/________________
14 SARAH E. GRISWOLD
Assistant United States Attorney
15

16
[PROPOSED] ORDER
17
GOOD CAUSE APPEARING, and upon stipulation of the parties, IT IS HEREBY
18
ORDERED that the change of plea hearing currently set for October 9, 2024, at 10:00 a.m., shall
19

20 be continued to October 30, 2024, at 10:00 a.m.

21 IT IS FURTHER ORDERED that the time from October 9, 2024, through and including
22
October 30, 2024, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and
23
3161(h)(7)(B)(iv).
24

25
THE COURT FINDS that failing to exclude the time from October 9, 2024, through and

26 including October 30, 2024, would unreasonably deny defense counsel the reasonable time
27
necessary for effective preparation, taking into account the exercise of due diligence. See 18
28
U.S.C. §3161(h)(7)(B)(iv).
STIPULATION AND [PROPOSED] ORDER
CR 24-00292-PCP
Case 5:24-cr-00292-PCP Document 25 Filed 10/08/24 Page 3 of 3

1 THE COURT FURTHER FINDS that the ends of justice served by excluding the time
2
from October 9, 2024, through and including October 30, 2024, from computation under the
3
Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial. The
4

5
Court therefore excludes this time pursuant to 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(iv).

6 IT IS SO ORDERED.
7

8
DATED: ___________ _____________________________________
9 HONORABLE P. CASEY PITTS
United States District Judge
10

STIPULATION AND [PROPOSED] ORDER
CR 24-00292-PCP

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