Speedy Trial Tolling Motion by Consent and Order by USA as to Ahmed M… — USA v. Ahmed Sary - Ahmed M Sary (Dkt. 35)

Summary

A Speedy Trial Tolling Motion by Consent and Order, Document 35, stamped Filed 05/19/22, in United States v. Ahmed Sary, Criminal No. 22-MJ-01286-JMC, in the United States District Court for the District of Maryland. The United States says Sary was charged by complaint, had an initial appearance on April 29, 2022, and a detention hearing on May 9, 2022 at which Magistrate Judge Brendan A. Hurson set release conditions that were then stayed pending the Government's appeal. It says the defense waived the preliminary hearing. The parties ask for an order tolling the Speedy Trial clock from April 29, 2022 to June 28, 2022 while voluminous discovery is provided before indictment. The order block for Honorable Matthew J. Maddox is unsigned.

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Full text

1 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
 
UNITED STATES OF AMERICA 
* 
* 
v. 
* 
* 
CRIMINAL NO.   22-MJ-01286-JMC 
AHMED SARY 
    
Defendant 
* 
* 
 
SPEEDY TRIAL TOLLING MOTION BY CONSENT AND ORDER 
 
 
The United States of America by and through undersigned counsel respectfully submits 
this request for a CONSENT Speedy Trial/Indictment tolling order and represents it has consent 
of Defendant’s counsel to file on behalf of parties, and as grounds therefore states:  
1. 
Defendant Ahmed Sary was charged by way of complaint in the above-referenced 
case.  An initial apperance was held on April 29, 2022.  A detention hearing was held on May 9, 
2022 and Order setting condition of release was entered by Magistrate Judge Brendan A. Hurson.  
That Order was temporarily stayed by Judge Hurson, at the request of the Government, pending 
the Government’s appeal of the Order, and on May 9, 2022, it was stayed by Judge Deborah L. 
Boardman at a hearing in connection with that appeal.    
2. 
Defendant’s counsel on May 5, 2022 advised Government counsel that Defendant 
has elected to waive his right to a preliminary hearing in this matter, and Government counsel 
advised the Court as much on May 9, 2022.  Hence, no preliminary hearing in this matter has 
been scheduled.   
3. 
Moreover, the parties have conferred and respectfully request that the Court enter 
an Order tolling the Speedy Trial clock for the period from April 29, 2022 to June 28, 2022  
and allow the parties to provide a further status report to the Court at that time. 
4. 
Section 3161(b) of the Speedy Trial Act requires that “an information or 
indictment charging an individual with the commission of an offense shall be filed within thirty 
Case 1:22-mj-01286-JMC     Document 35     Filed 05/19/22     Page 1 of 2
____ FILED     ___ ENTERED 
____ LOGGED  _____ RECEIVED 
 
 
AT  BALTIMORE  
CLERK, U.S. DISTRICT COURT 
DISTRICT OF MARYLAND 
BY  ______________Deputy 
2:14 pm, May 19 2022

2 
days from the date on which such individual was arrested or served with a summons in 
connection with such charges.”  To this point, Defense counsel has advised that Defendant elects 
to temporarily waive Speedy Trial and consents to tolling for the period from April 29, 2022 to 
June 28, 2022. 
5.
Counsel wish to be respectful of resource issues by not immediately scheduling
grand jury and requesting a scheduling order.  The government will begin the process of 
providing discovery—which is voluminous—to Defendant’s counsel pre-indictment.  
6.
The parties agree this matter merits a tolling period to allow Defendant’s counsel
to begin to review discovery and assess this case.  Therefore, this motion is being filed by 
consent, and the parties submit that the interests of justice are served by the requested exclusion 
of time outweigh the interests of the public and the Defendant in a speedy indictment and trial.  
7.
The parties further submit that the above factors justify a further tolling period
from April 29, 2022 to June 28, 2022.  The parties will provide a status report to the Court at that 
time.   The parties respectfully request that the Court ORDER the same. 
Respectfully submitted, 
Erek L. Barron 
United States Attorney 
By: ________/s/_______ 
Paul A Riley  
Assistant United States Attorney 
36 South Charles St., 4th Floor 
Baltimore, MD 21201  
The Parties having consented to the relief sought in this Motion and Good Cause Having 
been Shown, IT is SO ORDERED this ____day of May 2022.  
____________________________________ 
Honorable Matthew J. Maddox
United States Magistrate Judge  
18th
Case 1:22-mj-01286-JMC     Document 35     Filed 05/19/22     Page 2 of 2

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