Opinion
21-mj-30191
08-18-2022
United States of America, Plaintiff, v. D-1 James Willis, Defendant.
DAWN N. ISON United States Attorney Thomas Franzinger Assistant United States David Steingold Attorney Attorney for James Willis
DAWN N. ISON
United States Attorney
Thomas Franzinger
Assistant United States
David Steingold
Attorney Attorney for James Willis
STIPULATION TO ADJOURN PRELIMINARY EXAM AND FOR FINDING OF EXCLUDABLE DELAY UNDER THE SPEEDY TRIAL ACT
Kimberly Altman, United States Magistrate Judge
The United States of America and the defendants, through their respective attorneys, hereby agree and stipulate as follows:, by and through its undersigned attorneys, move for an adjournment of the preliminary hearing and an ends-of-justice continuance under the Speedy Trial Act. In support, the parties state as follows:
1. Defendant James Willis made his initial appearance on a complaint on April 23, 2021. He was released on bond. The preliminary exam has been adjourned by stipulation of the parties and orders of the Court until August 18 2022.
2. The government and the defendant are engaged in pre-indictment plea negotiations. The parties wish to continue these endeavors through at least September 29, 2022. The parties agree that this constitutes good cause for an adjournment of the preliminary hearing, taking into account the public interest in the prompt disposition of criminal cases. See Fed. R. Crim. P. 5.1(d).
3. The parties also agree that the ends of justice served by granting an adjournment and excluding the time from calculation for plea negotiations outweigh the best interests of the public and the defendant in a speedy trial and that, therefore, the period from August 18, 2022 through September 29, 2022, should be excluded in calculating the time within which an indictment or information must be filed under the Speedy Trial Act, 18 U.S.C. §§ 3161(b), 3161(h)(7).In light of the above, the government submits that there is good cause to adjourn the preliminary hearing.
ORDER
This matter coming before the Court on the stipulation of the government and defendant James Willis, for the reasons stated in the stipulation, the Court
(1) finds that the parties have been engaged in and will continue to be engaged in pre-indictment investigations and plea negotiations from August 18, 2022 through September 29, 2022;
(2) finds that this constitutes good cause for the adjournment of the preliminary hearing, taking into account the public interest in the prompt disposition of criminal cases, see Fed. R. Crim. P. 5.1(d);
(3) adjourns the preliminary hearing in this case from August 18, 2022, through September 29, 2022;
(4) finds that the ends of justice served by granting an adjournment and excluding the time from calculation outweigh the best interests of the public and the defendant in a speedy trial under 18 U.S.C. § 3161(h)(7); and
(5) determines that the period from August 18, 2022 through September 29, 2022, should be excluded in calculating the time within which an indictment or information must be filed under the Speedy Trial Act, 18 U.S.C. § 3161(b).