Court filing
ORDER granting 35 Motion for Speedy Trial as to Ahmed M Sary (1) — USA v. Sary - Ahmed M Sary (Dkt. 36)
Summary
A Speedy Trial Tolling Motion by Consent and Order filed May 19, 2022 as Document 36 in United States of America v. Ahmed Sary, Case 1:23-cr-00344-RDB (Criminal No. 22-MJ-01286-JMC), District of Maryland. Submitted by United States Attorney Erek L. Barron and Assistant United States Attorney Paul A. Riley and signed "SO ORDERED" on the 18th day of May 2022 by United States Magistrate Judge Matthew J. Maddox, it states that after an April 29, 2022 initial appearance and a May 9, 2022 detention hearing, Magistrate Judge Brendan A. Hurson entered a release order that Judge Deborah L. Boardman stayed on May 9, 2022. Defense counsel advised on May 5, 2022 that the defendant elected to waive a preliminary hearing, and the government will provide pre-indictment discovery. With the consent of the defendant to tolling, the order tolls the Speedy Trial clock from April 29, 2022 to June 28, 2022.
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Record facts
| Court | U.S. District Court for the District of Maryland |
|---|---|
| Filed | 2022-05-19 |
Cite this document
“ORDER granting 35 Motion for Speedy Trial as to Ahmed M Sary (1) — USA v. Sary - Ahmed M Sary (Dkt. 36).”
U.S. District Court for the District of Maryland, No. 1:23-cr-00344-RDB, Doc. 36, filed 2022-05-19. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-ahmed-sary-mdd-545200/2022-05-19-gov-uscourts-mdd-545200-36-0-doc-36/
, SHA-256 bce01aa7c2faeca60dc7b6ed551a7c0938726a3100aebd24b5a408077ae76bf9.Full text
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
UNITED STATES OF AMERICA
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*
v.
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*
CRIMINAL NO. 22-MJ-01286-JMC
AHMED SARY
Defendant
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*
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 1:23-cr-00344-RDB Document 36 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
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