Stipulation and Proposed Order to Continue Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 27)

Summary

A Stipulation and [Proposed] Order to Continue Change of Plea Hearing in United States of America v. Cassie Will-Darnall, Case No. 5:24-cr-00292-PCP, Document 27, filed October 24, 2024, in the U.S. District Court for the Northern District of California, San Jose Division. Defendant Will-Darnall's counsel is Assistant Federal Public Defender Varell L Fuller. The stipulation asks to move the change of plea hearing from October 30, 2024 to December 11, 2024, at 10:00 a.m., saying defense counsel is unavailable on the current date and requires additional time to research and investigate an issue material to a possible negotiated resolution. The proposed order excludes the time from October 30, 2024 through and including December 11, 2024 under 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv). Fuller and Assistant United States Attorney 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. 27).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-cand-430212-27-0-f15d2b2c91/, SHA-256 189c1de3353674e57ac98c685cae05e7b025ee8b5c81e9bf57117e2102b81238.

Full text

Case 5:24-cr-00292-PCP Document 27 Filed 10/24/24 Page 1 of 2

1 JODI LINKER, Bar No. 230273
Federal Public Defender
2 Northern District of California
VARELL L FULLER, Bar No. 202680
3 Assistant Federal Public Defender
55 South Market Street, Suite 820
4
San Jose, CA 95113
5 Telephone: (408) 291-7753
Facsimile: (408) 291-7399
6 Email: Varell_Fuller@fd.org

7
Counsel for Defendant WILL-DARNALL
8

9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
SAN JOSE DIVISION
12

13
UNITED STATES OF AMERICA, Case No. CR 24–00292 PCP
14
Plaintiff, STIPULATION AND [PROPOSED]
15 ORDER TO CONTINUE CHANGE OF
v. PLEA HEARING
16
CASSIE WILL-DARNALL,
17
Defendant.
18

19
20 STIPULATION

21 The parties, by and through their respective counsel, hereby stipulate, subject to the Court’s

22 approval, that the change of plea hearing currently set for October 30, 2024, at 10:00 a.m., shall be

23 continued to December 11, 2024, at 10:00 a.m. The reason for the continuance is that defense counsel

24 is unavailable on the current date due to a death in the family. Additionally, defense counsel requires

25 additional time to research and investigate an issue material to a possible negotiated resolution.

26 For the reasons set forth above, the parties stipulate and agree that time may be excluded under

27 the Speedy Trial Act between October 30, 2024, and December 11, 2024, for effective preparation of

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

STIPULATION AND [PROPOSED] ORDER
WILL-DARNALL, CR 24–00292 PCP
1
Case 5:24-cr-00292-PCP Document 27 Filed 10/24/24 Page 2 of 2

1 IT IS SO STIPULATED.
2 Dated: October 24, 2024 JODI LINKER
3 Federal Public Defender
____________/s/_______________
4 VARELL L. FULLER
Assistant Federal Public Defender
5

6
Dated: October 24, 2024 ISMAIL J. RAMSEY
7 United States Attorney
___________/s/________________
8 SARAH E. GRISWOLD
Assistant United States Attorney
9

10 [PROPOSED] ORDER
11 GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that
12 the change of plea hearing currently set for October 30, 2024, at 10:00 a.m., shall be continued to
13 December 11, 2024, at 10:00 a.m.
14 IT IS FURTHER ORDERED that the time from October 30, 2024, through and including
15 December 11, 2024, is excluded under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and
16 3161(h)(7)(B)(iv).
17 THE COURT FINDS that failing to exclude the time from October 30, 2024, through and
18 including December 11, 2024, would unreasonably deny defense counsel the reasonable time
19 necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. §
20 3161(h)(7)(B)(iv).
21 THE COURT FURTHER FINDS that the ends of justice served by excluding the time from
22 October 30, 2024, through and including December 11, 2024, from computation under the Speedy
23 Trial Act outweigh the interests of the public and the defendant in a speedy trial. The Court therefore
24 excludes this time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv).
25 IT IS SO ORDERED.
26 Dated: ___________________
___________________________________
27
THE HONORABLE P. CASEY PITTS
28 United States District Judge

STIPULATION AND [PROPOSED] ORDER
WILL-DARNALL, CR 24–00292 PCP
2

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