Opinion
2:23-cr-11-GMN-DJA
02-21-2023
UNITED STATES OF AMERICA, Plaintiff, v. BREON DANTE MIMS, Defendant.
STIPULATION TO CONTINUE THE CHANGE OF PLEA HEARING (FIRST REQUEST)
HONORABLE GLORIA M. NAVARRO, DISTRICT JUDGE
It is hereby stipulated and agreed, by and between Jason M. Frierson, United States Attorney, through Jim W. Fang, Assistant United States Attorney, and Katherine A. Tanaka, Assistant Federal Public Defender, counsel for defendant Breon Dante Mims, that the change of plea hearing in the above-captioned matter, previously scheduled for February 22, 2023, at 2:00 p.m., be vacated and continued until a time convenient to the Court, but no earlier than 45 days from the current setting.
1. The parties submitted a signed plea agreement and Criminal Information to the Court on January 30, 2023, signifying that the parties have come to a negotiated resolution in United States v. Mims, Case No. 2:21-mj-333-BNW, wherein the defendant was initially charged by criminal complaint. The Court then scheduled a change of plea hearing for February 22, 2023, at 2:00 p.m.
2. However, defendant is currently in state custody in California facing sexual assault charges. Given the importance of the state matter, the government has been attempting to coordinate defendant's transfer of custody for the purposes of change of plea and sentencing in the instant matter, but have not been successful in that attempt.
3. Again, given the importance of the state matter, the government wishes to continue the coordination effort in lieu of a unilateral writ of habeas corpus ad prosequendum, in order not to unduly interfere with the state prosecution.
4. If within three weeks of the filing of this stipulation such coordination effort remains unsuccessful, the government will seek said writ with the Court regardless.
5. The additional time requested by the continuance is in anticipation of the time needed to transfer custody.
6. Defendant is in state custody and agrees to the continuance.
ORDER
Based on the pending Stipulation between the defense and the government, and good cause appearing therefore, IT IS HEREBY ORDERED that the change of plea hearing in the above-captioned matter currently scheduled for February 22, 2023, at 2:00 p.m. be vacated and continued to April 21, 2023, at 10:00 A.M