Free Stipulation - District Court of California - California

Case 3:07-cr-00295-EDL

Document 18

Filed 10/02/2007

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BARRY J. PORTMAN Federal Public Defender ELIZABETH M. FALK Assistant Federal Public Defender 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 436-7700 Counsel for Defendant MAYS

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 vs. 14 NICOLE MAYS, 15 Defendant. 16 17 18 19 20 STIPULATION The parties hereby agree and request this Court to continue the evidentiary hearing in the abovePlaintiff, ) ) ) ) ) ) ) ) ) ) No. CR 07-295 MAG STIPULATION AND ORDER CONTINUING EVIDENTIARY HEARING Date: Time: Court: October 9, 2007 11:00 a.m. The Honorable Elizabeth D. Laporte

21 captioned matter from October 9, 2007 at 11:00 a.m. until November 20, 2007 at 11:00 a.m. The 22 continuance is requested by defense counsel for three reasons. First, the defense investigator assigned 23 to this matter is planning to be out of town for the remainder of the week on a different case, and 24 defense counsel will not be able to use her investigator to locate and subpoena witnesses this week. 25 Second, defense counsel is having trouble locating one witness for the hearing. Third, defense 26
STIP & ORDER CONTINUING EVIDENTIARY HEARING United States v. Nicole Mays CR 07-295 MAG

Case 3:07-cr-00295-EDL

Document 18

Filed 10/02/2007

Page 2 of 2

1 counsel has determined that one of the necessary witnesses to the hearing is not being sentenced in 2 state court until October 28, 2007, and thus will not be out of custody in time to report for a hearing 3 on October 9, 2007. Defense counsel is currently in the process of procuring a writ ad testificadum 4 for the witness' presence at the November 20, 2007 hearing, in case he is not sentenced to time 5 served. Defense counsel recently learned that the Marshal Service needs approximately one month's 6 notice to ensure an in-custody witness' presence in court. Defense counsel will work diligently to 7 provide this Court with the request for a writ ad testificadum this week. 8 For these reasons, defense counsel requests a continuance of the evidentiary hearing date to

9 November 20, 2007 at 11:00 a.m. Defense counsel also wishes to alert the Court that she will be out 10 of town on November 6, 2007 and government counsel is unavailable that week. Furthermore, 11 government counsel is unavailable on November 13, 2007 through the rest of the week, as she is in 12 trial. 13 14 It is so stipulated. 15 16 DATED: 17 18 DATED: 19 20 21 IT IS SO ORDERED. 22 23 DATED: 24 25 26
STIP & ORDER CONTINUING EVIDENTIARY HEARING United States v. Nicole Mays CR 07-295 MAG

October 2, 2007

_____________/S/_____________________ ELIZABETH M. FALK Assistant Federal Public Defender ____________/S/______________________ WENDY THOMAS Assistant United States Attorney

October 2, 2007

___________________________________________ THE HONORABLE ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE

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