NOTICE of Filing Defendant's Waiver of Speedy Indictment and Unopposed Motion for an… — USA v. Laroche (Dkt. 9, No. 2:23-cr-00013-TPB-NPM, filed 2022-11-22)

Summary

A notice and unopposed motion filed November 22, 2022 as Document 9 by the United States in United States v. Al Clint LaRoche, Case No. 2:22-mj-1127-NPM, in the U.S. District Court for the Middle District of Florida, Fort Myers Division. The United States gives notice of the defendant's waiver of speedy indictment and asks for an ends-of-justice finding under 18 U.S.C. § 3161(h)(7)(A) tolling the deadline of December 8, 2022 to January 31, 2023. The motion states the defendant was arrested on November 8, 2022 on a criminal complaint alleging false statements to a lending institution under 18 U.S.C. § 1014,; defense counsel expressed no objection. The motion bears the s/ signature of Trenton J. Reichling, Assistant United States Attorney, and is followed by a form of order with a signature block for Nicholas P. Mizell.

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
CASE NO. 2:22-mj-1127-NPM 
 
AL CLINT LAROCHE 
 
 
 
UNITED STATES’ NOTICE OF FILING THE DEFENDANT’S  
WAIVER OF SPEEDY INDICTMENT AND UNOPPOSED  
MOTION FOR AN ENDS-OF-JUSTICE FINDING 
 
The United States files notice of the defendant’s waiver of speedy 
indictment and moves, unopposed, to seek an ends-of-justice finding under 18 
U.S.C. § 3161(h)(7)(A). In support, the United States submits as follows: 
1. 
On November 8, 2022, the defendant was arrested on a criminal 
complaint charging him with false statements to a lending institution in violation 
of 18 U.S.C. § 1014. He is presently released on bond.  
2. 
Under 18 U.S.C. § 3161(b), the United States must charge the 
defendant with commission of these offenses by information or indictment within 
thirty days from the date of his arrest, meaning by December 8, 2022.  
3. 
The defendant has expressed a desire to cooperate against others and 
to potentially resolve this case by plea agreement. The time limits set by 18 
U.S.C. § 3161(b), however, hinder full exploration of these opportunities. 
Accordingly, the defendant, after being advised by his counsel, executed the 
Case 2:23-cr-00013-TPB-NPM     Document 9     Filed 11/22/22     Page 1 of 4 PageID 32

 
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attached waiver agreeing to extend the United States’ deadline to charge him by 
information or indictment from December 8, 2022, to and including January 31, 
2023. 
4. 
Consequently, the United States seeks a judicial finding that this 
brief tolling of speedy indictment serves the ends of justice. See 18 U.S.C. 
§ 3161(h)(7)(A). Additional time would afford the defendant an opportunity to 
cooperate prior to indictment and to explore a plea resolution that could fairly 
take into consideration such potential cooperation. These interests serve the ends 
of justice and do not outweigh public interest in a speedy resolution. 
5. 
The defense counsel expressed no objection to the instant Motion. 
WHEREFORE, the United States respectfully asks this Court to find that 
the ends of justice are served by tolling speedy indictment until January 31, 2023. 
Respectfully submitted, 
 
ROGER B. HANDBERG  
United States Attorney 
 
By: 
s/ Trent Reichling                  
Trenton J. Reichling 
Assistant United States Attorney 
Florida Bar No. 0084601 
2110 First Street, Suite 3-137 
Fort Myers, Florida 33901 
Telephone: (239) 461-2200 
Email: Trenton.Reichling@usdoj.gov 
 
 
Case 2:23-cr-00013-TPB-NPM     Document 9     Filed 11/22/22     Page 2 of 4 PageID 33

 
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U.S. v. Al Clint LaRoche 
  
 
 Case No. 2:22-mj-1127-NPM  
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on November 22, 2022, I served a copy of the 
foregoing on counsel of record, Glenn H. Mitchell, Esq. 
 
 
By: 
s/ Trent Reichling                
Trenton J. Reichling 
Assistant United States Attorney 
Florida Bar No. 0084601 
2110 First Street, Suite 3-137 
Fort Myers, Florida 33901 
Telephone: (239) 461-2200 
Email: Trenton.Reichling@usdoj.gov 
 
 
Case 2:23-cr-00013-TPB-NPM     Document 9     Filed 11/22/22     Page 3 of 4 PageID 34

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
 
UNITED STATES OF AMERICA 
 
v. 
CASE NO. 2:22-mj-1127-NPM 
 
AL CLINT LAROCHE 
 
 
 
ORDER REGARDING UNITED STATES’ UNOPPOSED  
MOTION FOR AN ENDS-OF-JUSTICE FINDING 
 
This cause comes before the Court on the United States’ Unopposed 
Motion for an Ends-Of-Justice Finding. The defendant’s waiver is accepted 
and the United States’ unopposed Motion is hereby GRANTED. 
The Court further finds that tolling speedy indictment, 18 U.S.C. 
§ 3161(b), from December 8, 2022, through and including January 31, 2023, 
serves the ends of justice, and does not outweigh anyone’s right to a speedy 
indictment, 18 U.S.C. § 3161(h)(7)(A).   
 
SO ORDERED this ______ day of November, 2022. 
 
 
 
_________________________________ 
NICHOLAS P. MIZELL  
United States Magistrate Judge 
 
Case 2:23-cr-00013-TPB-NPM     Document 9     Filed 11/22/22     Page 4 of 4 PageID 35

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