Opinion
CR 20-251 JD
07-15-2021
UNITED STATES OF AMERICA, Plaintiff, v. XIN WANG, Defendant.
STEPHANIE M. HINDS (CABN 154284) Acting United States Attorney HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division HELEN L. GILBERT (NYBN 4736336) MARK LESKO Acting Assistant Attorney General NATHAN SWINTON (NYBN 4860482) Trial Attorney Attorneys for the United States of America DAVID MICHAEL BIGELEISEN Counsel for Defendant Xin Wang
STEPHANIE M. HINDS (CABN 154284) Acting United States Attorney
HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division
HELEN L. GILBERT (NYBN 4736336)
MARK LESKO Acting Assistant Attorney General
NATHAN SWINTON (NYBN 4860482) Trial Attorney
Attorneys for the United States of America
DAVID MICHAEL BIGELEISEN Counsel for Defendant Xin Wang
STIPULATION AND [PROPOSED] ORDER
HONORABLE JAMES DONATO UNITED STATES DISTRICT JUDGE
The United States, by its undersigned counsel, and defendant, by his undersigned counsel, hereby stipulate to and memorialize the following:
On July 7, 2021, the parties appeared before this Court for a status conference. Defense counsel requested a trial date, and the Court ordered the parties to confer and make a joint filing by July 14, 2021, proposing a trial date.
The parties have conferred and propose a trial date of November 8, 2021. The parties recognize that the Thursday of this week, November 11, 2021, is a federal holiday, but anticipate that they will be able to complete the trial in four days.
As stated during the July 7, 2021, appearance, defense counsel anticipates bringing a motion for release from pretrial detention. If this motion is successful, defense counsel anticipates seeking a continuance of the proposed November 8, 2021 trial date. At this time, however, given the amount of time that defendant has spent in pretrial detention, the parties request a trial date of November 8, 2021.
A further status conference is scheduled for August 23, 2021. The Court has excluded time under the Speedy Trial Act until this date. The parties stipulate and agree that the time between August 23, 2021, and November 8, 2021, should be excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B). The government continues to produce discovery to defense counsel, who continues to review it and investigate the case. Defense counsel also, as stated during the July 7, 2021, appearance, is determining whether to file a motion to suppress, and will need time to prepare for trial. Excluding time will allow for the effective preparation of counsel, taking into account the nature of the prosecution and the particular complexity of this case, and the ends of justice served by this delay outweigh the defendant's and the public's interest in a speedy trial. See 18 U.S.C. § 3161(h)(7)(B)(ii), (iv).
[PROPOSED] ORDER
The Court sets trial in this case to begin November 8, 2021.
The Court finds that the exclusion of the period from August 23, 2021, to November 8, 2021, from the time limits applicable under 18 U.S.C. § 3161(b), is warranted; that the ends of justice served by the continuance outweigh the interests of the public and the defendant in the prompt disposition of this criminal case; and that the failure to grant the requested exclusion of time would deny counsel for defendant the reasonable time necessary for effective preparation of counsel, taking into account the particular complexity of the case and the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(ii), (iv).
IT IS SO ORDERED.