Opinion
2:11-CR-00443-KJN
09-11-2012
UNITED STATES OF AMERICA, Plaintiff, v. KIMBERLY TISHAN TIMMONS, Defendant.
DANIEL BRODERICK Federal Defender LINDA C. HARTER Chief Assistant Federal Defender Attorney for KIMBERLY TISHAN TIMMONS REBECCA A. KELLY Certified Student Attorney BENJAMIN B. WAGNER United States Attorney JEFFREY A. SPIVAK Special Assistant U.S. Attorney
DANIEL J. BRODERICK, #89424
Federal Defender
LINDA C. HARTER, #179741
Chief Assistant Federal Defender
Designated Counsel for Service
REBECCA A. KELLY
Certified Student Attorney
Attorneys for Defendant
KIMBERLY TISHAN TIMMONS
STIPULATION AND ORDER TO VACATE
THE CHANGE OF PLEA AND SET FOR A
STATUS HEARING
Date: November 21, 2012
Judge: Hon. Kendall J. Newman
The United States Attorney through his respective counsel, JEFFREY A. SPIVAK, Special Assistant United States Attorney, and LINDA C. HARTER, Attorney for KIMBERLY TISHAN TIMMONS, and Certified Student Attorney, REBECCA A. KELLY, hereby stipulate to vacate the change of plea hearing set for September 12, 2012 at 9:00 a.m. and set for a status hearing on November 21, 2012 at 9:00 a.m.
Defense counsel needs additional time to prepare as REBECCA A. KELLY was recently assigned to the case. Due to attorneys leaving their positions with the Office of the Federal Defender and the United States Attorney's Office, this case has been assigned to three U.S. Attorneys and two certified law students. The co-defendant's case recently resolved with an agreement for deferred entry of judgment. Defense counsel would like additional time to come to a resolution for Ms. Timmons and additional time is needed to investigate mitigation issues regarding this resolution.
Time is to be excluded from September 12, 2012 through November 21, 2012 under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv) (Local Code T4) as the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties jointly request that a status hearing be scheduled for November 21, 2012 at 9:00am before Magistrate Judge Kendall J. Newman.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
_________________
LINDA C. HARTER
Chief Assistant Federal Defender
Attorney for KIMBERLY TISHAN TIMMONS
____________________
REBECCA A. KELLY
Certified Student Attorney
BENJAMIN B. WAGNER
United States Attorney
__________________
JEFFREY A. SPIVAK
Special Assistant U.S. Attorney
ORDER
IT IS SO ORDERED.
______________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE