Unopposed Motion and Proposed Order to Continue Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 29)

Summary

An Unopposed Motion and [Proposed] Order to Continue Change of Plea Hearing, filed December 10, 2024 as Document 29 in United States of America v. Cassie Will-Darnall, Case 5:24-cr-00292-PCP, in the U.S. District Court for the Northern District of California, San Jose Division. Defendant Cassie Will-Darnall requests that the change of plea hearing set for December 11, 2024, at 10:00 a.m., be continued to January 15, 2025, at 10:00 a.m. The motion states that counsel has conferred with Assistant United States Attorney Sarah Griswold and that the government has no objection. The form of proposed order would exclude the time from December 11, 2024 through and including January 15, 2025 under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv). The motion carries a /s/ signature block for Assistant Federal Public Defender Varell L. Fuller.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

              Case 5:24-cr-00292-PCP                Document 29   Filed 12/10/24   Page 1 of 2



 1   JODI H. 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
     Varell_Fuller@fd.org
 6
     Counsel for Defendant WILL-DARNALL
 7

 8
                                       UNITED STATES DISTRICT COURT
 9
                                    NORTHERN DISTRICT OF CALIFORNIA
10
                                                 SAN JOSE DIVISION
11

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

18            Defendant Cassie Will-Darnall, by and through counsel, respectfully requests that the

19   Court continue the change of plea hearing currently set for December 11, 2024, at 10:00 a.m., to
20
     January 15, 20204, at 10:00 a.m. The reason for the continuance is that defense counsel is
21
     reasonably informed that Ms. Will-Darnell was recently hospitalized for a septic infection
22

23
     stemming from a recent hip replacement surgery. Counsel is further reasonably informed that

24   Ms. Will-Darnell is presently home receiving care for her illness. Additionally, defense counsel
25   recently returned to the office from extended leave due to a family death and respectfully
26
     requests additional time to confer with Ms. Will-Darnel about her change of plea.
27
              Counsel for Ms. Will-Darnall has conferred with Assistant United States Attorney Sarah
28

     Griswold, and the government has no objection to this continuance.
     Unopposed Motion to Continue Change of Plea Hearing
     WILL-DARNALL, 24-0292 PCP
              Case 5:24-cr-00292-PCP               Document 29   Filed 12/10/24    Page 2 of 2



 1   Dated: December 10, 2024                               JODI H. LINKER
                                                            FEDERAL PUBLIC DEFENDER
 2

 3                                                          __________/s/_______________
                                                            VARELL L. FULLER
 4                                                          Assistant Federal Public Defender
 5

 6
                                    [PROPOSED] ORDER
              GOOD CAUSE APPEARING, upon the unopposed motion of the defense, IT IS
 7
      HEREBY ORDERED that the change of plea hearing currently set for December 11, 2024, at
 8

 9    10:00 a.m., shall be continued to January 15, 2025, at 10:00 a.m.

10            IT IS FURTHER ORDERED that the time from December 11, 2024, through and
11
      including January 15, 2025, is excluded under the Speedy Trial Act, 18 U.S.C. §§
12
      3161(h)(7)(A) and 3161(h)(7)(B)(iv).
13
              THE COURT FINDS that failing to exclude the time from December 11, 2024, through
14

15
      and including January 15, 2025, would unreasonably deny defense counsel the reasonable time

16    necessary for effective preparation, taking into account the exercise of due diligence. See 18

17    U.S.C. § 3161(h)(7)(B)(iv).

18            THE COURT FURTHER FINDS that the ends of justice served by excluding the time

19    from December 11, 2024, through and including January 15, 2025, from computation under the
20
      Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial. The
21
      Court therefore excludes this time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and
22

23
      3161(h)(7)(B)(iv).

24            IT IS SO ORDERED.
25            Dated: ___________________
26                                                          ___________________________________
                                                            THE HONORABLE P. CASEY PITTS
27
                                                            United States District Judge
28



     Unopposed Motion to Continue Change of Plea
     Hearing WILL-DARNALL, 24-0292 PCP


File and source

File

gov.uscourts.cand.430212.29.0.pdf

Size

139,800 bytes

SHA-256

1b9aceac8f773b88ab32db22685adaeeff55d082ae8bfcf8023bdb70417fffb4

Our copy

gov.uscourts.cand.430212.29.0.pdf

Original

No public link identified.