Opinion
No. 2:05-CR-00308 EJG
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. MARY JENNIFER BERG, Defendant.
DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for MARY JENNIFER BERG BENJAMIN B. WAGNER United States Attorney T. Zindel for W. Wong WILLIAM S. WONG Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorney for Defendant
MARY JENNIFER BERG
STIPULATION AND ORDER VACATING
TRIAL AND REFERRING CASE FOR
PRE-PLEA PRESENTENCE REPORT
Date: October 7, 2011
Time: 10:00 a.m.
Judge: Hon. Edward J. Garcia
IT IS HEREBY STIPULATED AND AGREED between defendant, Mary Jennifer Berg, through her attorney, Timothy Zindel, and plaintiff, United States of America, through its attorney, William S. Wong, that the trial confirmation hearing and trial dates (October 7 and 24) may be vacated and a state conference scheduled for Friday, December 2, at 10:00 a.m.
The parties have reached an agreement to resolve the pending indictment by plea to a superseding information to be submitted under Federal Rule of Criminal Procedure 11(c)(1)(C). However, in order to resolve an issue relating to the guideline sentencing range, the parties have agreed to ask the Court to refer the case to Probation for a pre-plea report and recommendation. The parties expect to use the report to finalize their agreement with respect to the guidelines and then, if appropriate, request sentencing at the time the plea is entered.
In light of their agreement, the parties ask that the trial confirmation hearing and trial dates be vacated and a status conference set for December 2, 2011, at 10:00 a.m. The parties further agree that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial and that time under the Speedy Trial Act should be excluded through December 2, 2011. pursuant to 18 U.S.C. § 3161(h)(1)(g) and (h)(7)(a) and (b)(IV).
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for MARY JENNIFER BERG
BENJAMIN B. WAGNER
United States Attorney
T. Zindel for W. Wong
WILLIAM S. WONG
Assistant U.S. Attorney
ORDER
The trial confirmation hearing and trial dates are vacated and a status conference scheduled for December 2, 2011, at 10:00 a.m. The case is referred to Probation for preparation of a pre-plea presentence report and recommendation.
IT IS SO ORDERED.
HON. EDWARD J. GARCIA
United States District Court