Consent Motion to Exclude Time Pursuant to the Speedy Trial Act by USA as to Ayaz Qureshi — USA v. Qureshi (Dkt. 48, D. Md.)

Record facts

U.S. District Court for the District of Maryland · No. 1:22-cr-00330-JKB · Doc. 48 · 2024-02-08 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
 
UNITED STATES OF AMERICA 
 
v. 
 
AYAZ QURESHI, 
 
          Defendant. 
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CRIMINAL NO.  JKB-22-330 
 
 
 
 
  
CONSENT MOTION TO EXCLUDE TIME 
PURSUANT TO THE SPEEDY TRIAL ACT 
 
The United States of America, by and through its counsel, Erek L. Barron, the United States 
Attorney for the District of Maryland, and Paul A. Riley, Assistant United States Attorney for the 
District of Maryland, respectfully submits this Motion to Exclude Time Pursuant to the Speedy 
Trial Act, and moves to exclude time from the speedy trial calculation pursuant to Title 18 U.S.C. 
§ 3161(h). 
1. 
On September 19, 2022, the Government filed a single count Information 
charging Defendant with Wire Fraud Conspiracy in violation of 18 U.S.C. § 1349.  ECF No. 1.   
2. 
On October 14, 2022, Defendant pleaded guilty to Count One of the Information 
pursuant to a plea agreement, and his sentencing was thereafter postponed multiple times.    
3. 
On August 29, 2023, Defendant moved to withdraw his guilty plea, and the 
Government responded to Defendant’s Motion.  ECF Nos. 20, 25. 
4. 
On November 29, 2023, Judge Bennett held a hearing on the Motion to Withdraw 
and ultimately granted Defendant’s Motion.  ECF Nos. 35-36.  
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5. 
On December 18, 2023, an Indictment was returned charging Defendant with two 
counts of Wire Fraud and one count of Wire Fraud Conspiracy, in violation of 18 U.S.C. § 1343, 
and 18 U.S.C. § 1349, respectively.  
6. 
On January 8, 2024, the Court held a scheduling conference call with the parties 
and, after conferring with the parties concerning their availability for trial, issued an Order 
scheduling the trial in this matter to begin on April 29, 2024.  ECF No. 45.  That Order likewise 
directed the Government to file a motion to exclude time pursuant to the Speedy Trial Act.  Id. at 
2.  In an email of January 8, 2024, counsel to Defendant consented to the exclusion of all time 
under the Speedy Trial Act from the date Defendant filed the Motion to Withdraw (August 29, 
2023) through the trial date of April 29, 2024. 
7. 
Thereafter, substantial discovery was produced to Defendant, and the parties have 
been in discussions regarding resolution of this matter short of trial.   
8. 
In light of the above, the parties are seeking an exclusion of all time under the 
Speedy Trial Act for the entire period from November 29, 2023 through and including April 29, 
2024.    
9. 
Under the Speedy Trial Act, a criminal defendant must be brought to trial within 
seventy days of the later of either the filing of an indictment or the first appearance before a judicial 
officer of the court in which the charge is pending.  18 U.S.C. § 3161(c)(1).   
10. 
The Speedy Trial Act permits a trial court to continue a trial date beyond the  
seventy-day limit if such continuance is granted by the Court on the basis of a finding that the  
ends of justice served by taking such action outweigh the best interest of the public and the 
defendant in a speedy trial.  18 U.S.C. § 3161(h)(7)(A).  In deciding whether to grant such a  
continuance, the Court may consider, inter alia, whether the failure to grant the continuance  
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would deny counsel for the defendant or the attorney for the government the reasonable time 
necessary for effective preparation, taking into account the exercise of due diligence.  18 U.S.C.  
§ 3161(h)(7)(B)(iv).  
11. 
The Government submits that the ends of justice served by continuing the trial of 
this matter beyond the speedy trial date outweigh the interests of Defendant and the public in a 
speedy trial, and, therefore, the resulting delay is permissible pursuant to 18 U.S.C. § 3161(h)(7).  
Defendant’s counsel is reviewing discovery, and counsel are engaging in plea discussions.  
Moreover, the parties agreed to the trial date of April 29, 2024 ultimately ordered by the Court on 
January 8, 2024.  Further, as noted, Defendant’s counsel has consented to this motion.  
12. 
In light of the foregoing facts, the Government respectfully requests that the Court 
issue an Order finding that the interests of justice served by excluding the time from November 
29, 2023 through and including April 29, 2024, including preparation for trial and discussions 
about a potential resolution of the case without a trial, outweighs Defendant’s and the public’s 
interests in a speedy trial.  See 18 U.S.C. § 3161(h)(7).  
 
9. 
A proposed Order for the Court’s consideration is attached. 
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
Erek L. Barron  
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
By: 
 
/s/ 
 
 
 
 
 
 
 
 
 
 
 
Paul A. Riley 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
36 S. Charles Street, Fourth Floor 
Baltimore, MD 21201 
(410) 209-4800 (phone) 
(410) 962-3091 (fax) 
 
 
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