IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 17, 2012
UNITED STATES OF AMERICA,
DARYL CHARLES DEFENDANT
The opinion of the court was delivered by: Judge: Lawrence K. Karlton
EX PARTE REQUEST FOR ORDER TO CONTINUE SENTENCING DATE BASED ON
ILLNESS OF DEFENSE COUNSEL; ORDER THEREON Date: N/A Time:
Judge: Lawrence K. Karlton
Defense counsel re submits his second request to continue the sentencing date. Sentence is set for July 24, 2012. Defense pleadings were to be filed by July 10th. They are not on file. Defense counsel was hospitalized July 9-10th. He then spent that entire week very ill. He remains very ill, but is improving. He has attached hereto a written request from his doctor's office that was issued Friday, July 13, 2012, that owing to serious medical issues that counsel not work the week of July 16-22, for medical reasons.*fn1 (ATTACHMENT A) He cannot meet with the client and prepare defense filings. That is impossible. He will thus appear July 24, 2012 with nothing on file. That is a waste of time.
Defense thus requests that the court issue an order removing this matter from the July 24, 2012 calendar and re set the date for August 14 or 21.
Defense counsel suffered heat exhaustion and influenza while on an outing in the woods July 8. He did not receive medical attention and became very ill. He was seen at the emergency department Monday July 9, 2012 in Sacramento, and then also hospitalized until Tuesday morning. He was again at the doctors the 12th, Thursday, and then twice Friday the 13th. On the 13th, he had presented for 5 straight days with *rapid Heart beats *blood in the urine *103.5 fever, which is extremely high *chest infection and shortness breath *migraine headaches *traumatized internal organs His doctor's office then required that he not return to work for a period of 1 week, until the 23rd.
REQUEST AND GOVERNMENT POSITION
This is the only case on defense counsel's case lis that for some reasons has not yet been moved by agreement nor by court order, as of yet. Government counsel has advised that he prefers to keep the current date, and will wait to see what the court does with the defense request.
Defense counsel is requesting the court move the date to either August 14 or 21. No provisions of the Speedy Trial Act apply to this matter.
Mark J. Reichel
MARK J. REICHEL ATTORNEY AT LAW
GOOD CAUSE APPEARING, it is so ordered. Sentencing in this matter is rescheduled to the date of August 28, 2012.