Opinion
Case No. 2:11-cr-0163 DAD
01-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. SARAH ANN O'NEAL, Defendant.
DANIEL J. BRODERICK Federal Defender LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant SARAH ANN O'NEAL KENDRA G. BERTSCHY Certified Student Attorney BENJAMIN B. WAGNER United States Attorney JUSTIN L. LEE Special Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
LINDA C. HARTER, Bar #179741
Chief Assistant Federal Defender
KENDRA G. BERTSCHY
Certified Student Attorney
Attorney for Defendant
SARAH ANN O'NEAL
STIPULATION AND ORDER VACATING THE TRIAL CONFIRMATION HEARING
AND JURY TRIAL DATE AND CONTINUING A CHANGE OF PLEA
HEARING AND EXCLUDING TIME
JUDGE: Hon. Dale A. Drozd
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JUSTIN L. LEE, Special Assistant United States Attorney, attorney for Plaintiff, and LINDA C. HARTER, Chief Assistant Federal Defender, attorney for SARAH ANN O'NEAL, and Certified Student Attorney, KENDRA BERTSCHY, that the Trial
Confirmation Hearing date of January 17, 2012 at 10:00 a.m. and the Jury Trial date of January 30, 2012 at 9:00 a.m. be vacated. It is also stipulated that the matter be rescheduled for a Change of Plea Hearing on February 21, 2011 at 10:00 a.m.
This continuance is requested because the parties are in the process of plea negotiation. The parties need more time to formalize a plea agreement. Defense counsel needs time to explain the offer because Ms. O'Neal is current recovering from surgery. The parties further agree that the time should be excluded from the date of this [Proposed] Order until the Change of Plea Hearing which is set for February 21, 2012, pursuant to 18 U.S.C. Section § 3161(h)(7)(A)(iv) and Local Code T4 (reasonable time to prepare). The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A)(iv)11.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
Linda C. Harter
LINDA C. HARTER
Chief Assistant Federal Defender
Attorney for Defendant
SARAH ANN O'NEAL
Kendra G. Bertschy
KENDRA G. BERTSCHY
Certified Student Attorney
BENJAMIN B. WAGNER
United States Attorney
Justin L. Lee
JUSTIN L. LEE
Special Assistant U.S. Attorney
Attorney for Plaintiff
IT IS SO ORDERED.
ORDER
____________________________
DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE