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United States v. Myres, 3:17-CR-00180-RS. (2019)

Court: District Court, N.D. California Number: infdco20190705878 Visitors: 6
Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: STIPULATION AND [ PROPOSED ] ORDER TO CONTINUE DUE DATE FOR DEFENDANT'S RULE 33 MOTION FOR A NEW TRIAL AND/OR RULE 29 MOTION FOR A JUDGMENT OF ACQUITTAL RICHARD SEEBORG , District Judge . STIPULATION Pursuant to Federal Rule of Criminal Procedure 33, "[u]pon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires." Fed. R. Crim. P. 33(a). A defendant must file any such motion within 14 days after the verdict. Fed. R. Crim.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DUE DATE FOR DEFENDANT'S RULE 33 MOTION FOR A NEW TRIAL AND/OR RULE 29 MOTION FOR A JUDGMENT OF ACQUITTAL

STIPULATION

Pursuant to Federal Rule of Criminal Procedure 33, "[u]pon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires." Fed. R. Crim. P. 33(a). A defendant must file any such motion within 14 days after the verdict. Fed. R. Crim. P. 33(b)(2). In addition, pursuant to Federal Rule of Criminal Procedure 29, "[a] defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later." Fed. R. Crim. P. 29(c)(1). On June 26, 2019, the jury found defendant April Myres ("Ms. Myres") guilty of Counts One and Two of the indictment in this case, which charged Ms. Myres with mail fraud and wire fraud, respectively. Accordingly, Ms. Myres' Rule 29 and Rule 33 motions are currently due on July 10, 2019.

Prior to filing any such motions, Ms. Myres respectfully requests an opportunity to review the transcripts from the trial in this matter, which are currently being prepared and expected to be completed by July 29, 2019 (CR 207) and, by extension, to continue the due date for these motions. Ms. Myres has spoken with government counsel regarding this matter, who has no objection to continuing the due date for any Rule 29 or Rule 33 motions. Accordingly, the parties respectfully request and stipulate that the Court continue the due date for any Rule 29 or Rule 33 motions from July 10, 2019 to September 4, 2019, and propose the following briefing schedule:

Motion for New Trial and/or Acquittal: September 4, 2019 Oppositions to be Filed: September 25, 2019 (Optional) Replies to be Filed: October 2, 2019 Any Hearing on Motion for New Trial and/or Acquittal: October 8, 2019 at 2:30 pm.

IT IS SO STIPULATED. Page 3>

Dated: July 3, 2019 KING & SPALDING LLP By: /s/Michael J. Shepard MICHAEL J. SHEPARD JAMIE A. LANG Attorneys for Defendant APRIL DIANE MYRES Dated: July 3, 2019 UNITED STATES ATTORNEY'S OFFICE By: /s/per email authorization LAURA VARTAIN NICHOLAS WALSH Assistant United States Attorneys

[PROPOSED] ORDER

IT IS SO ORDERED.

Source:  Leagle

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