Opinion
4:21-mj-71274-MAG
12-14-2021
UNITED STATES OF AMERICA, Plaintiff, v. TROY ELIAS WALKER, DAVID MICHAEL REMBERT, AND DALJIT KAMAL SINGH Defendants.
GEOFFREY HANSEN ACTING FEDERAL PUBLIC DEFENDER NORTHERN DISTRICT OF CALIFORNIA JOHN PAUL REICHMUTH ATTORNEYS FOR TROY WALKER MOEEL LAH FAKHOURY LLP HANNI M. FAKHOURY ATTORNEYS FOR DAVID REMBERT RAMSEY & EHRLICH LLP AMY E. CRAIG ATTORNEYS FOR DALJIT SINGH STEPHANIE M. HINDS ACTING UNITED STATES ATTORNEY NORTHERN DISTRICT OF CALIFORNIA JONATHAN U. LEE ABRAHAM H. FINE ASSISTANT UNITED STATES ATTORNEYS
GEOFFREY HANSEN ACTING FEDERAL PUBLIC DEFENDER NORTHERN DISTRICT OF CALIFORNIA
JOHN PAUL REICHMUTH ATTORNEYS FOR TROY WALKER
MOEEL LAH FAKHOURY LLP HANNI M. FAKHOURY ATTORNEYS FOR DAVID REMBERT
RAMSEY & EHRLICH LLP AMY E. CRAIG ATTORNEYS FOR DALJIT SINGH
STEPHANIE M. HINDS ACTING UNITED STATES ATTORNEY NORTHERN DISTRICT OF CALIFORNIA
JONATHAN U. LEE ABRAHAM H. FINE ASSISTANT UNITED STATES ATTORNEYS
STIPULATION AND ORDER (AS MODIFIED) RESETTING STATUS HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT AND RULE 5.1
HONORABLE DONNA M. RYU, United States Magistrate Judge
The parties jointly request the Court reset the status conference regarding preliminary hearing or arraignment from December 15, 2021 to December 23, 2021 at 1:00 p.m. The defendants are charged in a criminal complaint with conspiracy to deal firearms without a license, in violation of 18 U.S.C. § 371. Mr. Walker is in custody and Mr. Rembert and Mr. Singh are out of custody. The government has produced a voluminous amount of discovery, including a significant amount of audio and video materials, and the defendants need additional time to review that discovery, and discuss potential resolutions to the case. As a result, the parties also request the Court exclude time under Federal Rule of Criminal Procedure 5.1(c) and (d) and the Speedy Trial Act, 18 U.S.C. § 3161, between December 15, 2021 and December 23, 2021 to allow for effective preparation of counsel taking into account the exercise of due diligence.
ORDER (AS MODIFIED)
Based on the reasons provided in the stipulation of the parties above, the Court hereby finds:
1. The defendants and defense counsel need additional time to discuss the case and the evidence and the parties need additional time to discuss a potential resolution of the case.
2. These tasks are necessary for the defense preparation of the case, and the failure to grant the requested continuance would unreasonably deny counsel for the defendants the reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and
3. The ends of justice served by this continuance outweigh the best interest of the public and the defendant in a speedy trial.
Based on these findings, it is hereby ordered that the status hearing date of December 15, 2021, scheduled at 1:00 p.m. is vacated and reset for December 23, 2021 at 10:30 a.m. before Magistrate Judge Thomas S. Hixson. It is further ordered that time is excluded pursuant to Federal Rule of Criminal Procedure 5.1(c) and (d), and the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), from December 15, 2021 through December 23, 2021.
IT IS SO ORDERED.