United States v. Holmes

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MYRA HOLMES, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: May 9, 2013

No. CR 09-00930 EJD (N.D. Cal. May. 9, 2013)

Opinion

No. CR 09-00930 EJD

05-09-2013

UNITED STATES OF AMERICA, Plaintiff, v. MYRA HOLMES, Defendant.

MELINDA HAAG United States Attorney JOSEPH FAZIOLI GRANT FONDO Assistant United States Attorneys DIANA A. GARRIDO Assistant Federal Public Defender

EDWARD J. DAVILA

MELINDA L. HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
JOSEPH FAZIOLI (CABN 275564)
GRANT FONDO (CABN 181530)
Assistant United States Attorneys

150 Almaden Boulevard, Suite 900

San Jose, California 95113

Telephone: (408) 535-5595

Facsimile: (408) 535-5066

joseph.fazioli@usdoj.gov
Attorneys for the United States of America

STIPULATION FOR BRIEFING

SCHEDULE REGARDING

DEFENDANT'S MOTION FOR A NEW

TRIAL; [PROPOSED] ORDER

Hearing Date: July 1, 2013

The United States, by and through Assistant United States Attorneys Joseph Fazioli and Grant Fondo, and Defendant Myra Holmes, by and through Assistant Federal Defender Diana A. Garrido, hereby request and stipulate as follows:

1. On April 2, 2013, defendant filed a motion for new trial. The hearing on defendant's motion for new trial is scheduled for July 1, 2013. The government's opposition to that new trial motion is currently due on April 30, 2013, with the defendant's reply due on May 31, 2013.

2. The government continuing to review certain transcripts in relation to the trial, some of which were completed by the Court Reporter late last week.

3. The parties' therefore have agreed to the following remaining briefing schedule regarding defendant's motion for a new trial:

(a) The Government's opposition is due no later than May 17, 2013; and
(b) The defendant's reply to the Government's opposition is due no later than June 17, 2013.

IT IS SO STIPULATED.

MELINDA HAAG

United States Attorney

______________

JOSEPH FAZIOLI

GRANT FONDO

Assistant United States Attorneys

______________

DIANA A. GARRIDO

Assistant Federal Public Defender

[PROPOSED] ORDER

For good cause shown and based upon the stipulation of the parties, IT IS HEREBY ORDERED that:

1. The Government's opposition to defendant's motion for a new trial is due no later than May 17 2013; and
2. The defendant's reply to the Government's opposition is due no later than June 17, 2013.

______________

EDWARD J. DAVILA

United States District Judge