Unopposed Motion and Proposed Order to Continue Change of Plea Hearing — United States v. Cassie Will-Darnall (Dkt. 30)

Summary

Document 30 in United States of America v. Cassie Will-Darnall, Case 5:24-cr-00292-PCP (U.S. District Court for the Northern District of California, San Jose Division), filed December 11, 2024: an Unopposed Motion and [Proposed] Order to Continue Change of Plea Hearing. The motion asks the Court to move the change of plea hearing from December 11, 2024, at 10:00 a.m., to a date it prints as January 15, 20204, at 10:00 a.m., and states that the government has no objection after counsel conferred with Assistant United States Attorney Sarah Griswold. The proposed order sets the continued hearing for January 15, 2025, at 10:00 a.m. and excludes time under 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv). Its date line reads December 11, 2024, above a line for The Honorable P. Casey Pitts. The motion is dated December 10, 2024 and carries a /s/ block for Varell L. Fuller.

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              Case 5:24-cr-00292-PCP                Document 30   Filed 12/11/24   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
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                                                 SAN JOSE DIVISION
11

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     UNITED STATES OF AMERICA,                             No. 24-CR-00292 PCP
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                       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
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     January 15, 20204, at 10:00 a.m. The reason for the continuance is that defense counsel is
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     reasonably informed that Ms. Will-Darnell was recently hospitalized for a septic infection
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     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
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     requests additional time to confer with Ms. Will-Darnel about her change of plea.
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              Counsel for Ms. Will-Darnall has conferred with Assistant United States Attorney Sarah
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     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 30   Filed 12/11/24    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
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      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
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      including January 15, 2025, is excluded under the Speedy Trial Act, 18 U.S.C. §§
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      3161(h)(7)(A) and 3161(h)(7)(B)(iv).
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              THE COURT FINDS that failing to exclude the time from December 11, 2024, through
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      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
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      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
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      3161(h)(7)(B)(iv).

24            IT IS SO ORDERED.
25            Dated: December 11, 2024
                     ___________________
26                                                          ___________________________________
                                                            THE HONORABLE P. CASEY PITTS
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                                                            United States District Judge
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     Unopposed Motion to Continue Change of Plea
     Hearing WILL-DARNALL, 24-0292 PCP


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