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United States v. Trapps, 1:18-cr-00076-LJO-BAM. (2019)

Court: District Court, E.D. California Number: infdco20190807740 Visitors: 15
Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: STIPULATION VACATE TRIAL CONFIRMATION HEARING AND SET HEARING FOR CHANGE OF PLEA; ORDER LAWRENCE J. O'NEILL , Chief District Judge . IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorney, Melanie Alsworth, counsel for the plaintiff, and Assistant Federal Defender, Megan T. Hopkins, counsel for defendant, Alecia Trapps, that the trial confirmation hearing currently set for September 16, 2019 be vacated, and the matter be set fo
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STIPULATION VACATE TRIAL CONFIRMATION HEARING AND SET HEARING FOR CHANGE OF PLEA; ORDER

IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorney, Melanie Alsworth, counsel for the plaintiff, and Assistant Federal Defender, Megan T. Hopkins, counsel for defendant, Alecia Trapps, that the trial confirmation hearing currently set for September 16, 2019 be vacated, and the matter be set for a change of plea hearing on October 14, 2019, at 8:30 a.m., before the Honorable Lawrence J. O'Neill. Ms. Trapps will be pleading guilty to the single count contained in the indictment without a plea agreement. Defense counsel will meet and confer with counsel for the government in advance of the change of plea hearing to reach an agreement regarding a factual basis for the plea, and will provide a copy of the factual basis to the Court in advance of the October 14, 2019 hearing.

The reason for the request for an extended schedule for the change of plea is that defense counsel will be out of the office for the latter portion of the month of August, and will be in trial for the majority of the month of September. The proposed date will allow sufficient time for the parties to meet and confer regarding a factual basis for the plea, and will permit defense counsel to be available for the requisite presentence report (PSR) interview following the change of plea.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). Time has previously been excluded under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., through the September 16, 2019 trial confirmation hearing for inter alia defense trial preparation.

Respectfully submitted, McGREGOR W. SCOTT United States Attorney Dated: August 6, 2019 By: /s/ Melanie Alsworth MELANIE ALSWORTH LAUREL MONTOYA Assistant United States Attorneys Attorneys for Plaintiff HEATHER E. WILLIAMS Federal Defender Dated: August 6, 2019 By: /s/ Megan Hopkins MEGAN HOPKINS Assistant Federal Defender Attorney for Defendant ALECIA TRAPPS

ORDER

The Court hereby grants the parties' request to vacate the trial confirmation hearing as to this defendant and set the matter for a change of plea on October 14, 2019 at 8:30 a.m. Time shall be excluded through October 14, 2019 pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv) for the reasons set forth above.

IT IS SO ORDERED.

Source:  Leagle

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