Court filing
Criminal Complaint — United States v. Carter (Dkt. 21, E.D. Mich. No. 2:22-mj-30125)
Filed December 5, 2022 in Carter; one of 20 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Michigan |
|---|---|
| Filed | 2022-12-05 |
Full text
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
United States of America,
Plaintiff,
No. 22-mj-30125
-vs-
Java Dominique Carter,
Defendant.
/
STIPULATION TO ADJOURN PRELIMINARY HEARING AND FOR
DETERMINATION OF EXCLUDABLE DELAY UNDER
THE SPEEDY TRIAL ACT AND SUPPORTING BRIEF
The United States of America, by and through its undersigned attorneys, and
defendant Java Carter, through his attorney, 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 was arrested on the criminal complaint in this case on
March 15, 2022 , and he made his initial appearance on the criminal complaint on
March 16, 2022. Defendant was released on a $10,000 unsecured bond. The
preliminary hearing is currently scheduled to take place on December 5, 2022
2.
The government and defendant are engaged in preindictment plea
negotiations that may result in a plea agreement which will eliminate the need for
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this Court to conduct a preliminary hearing. A preindictment plea agreement will
also provide that defendant waive his right to be prosecuted by indictment and thus
eliminate the need for the government to seek an indictment and consume grand
jury resources. In addition, a preindictment plea agreement will also eliminate the
need for a trial.
3.
A part of the plea negotiations involves defense counsel’s assessment of the
government’s case against defendant. This assessment requires that defense
counsel have the reasonable time necessary to adequately review the information
provided and/or to be provided by the government and then confer with defendant.
4.
In light of the above, the parties submit there is good cause to adjourn the
preliminary hearing. Moreover, defendant has consented to this adjournment, and
the adjournment sought is fairly limited. See Fed. R. Crim. P. 5.1(d) (“With the
defendant’s consent and upon a showing of good cause – taking into account the
public interest in the prompt disposition of criminal cases – a magistrate judge may
extend the time limits in Rule 5.1(c) one or more times.”).
5.
In addition, in light of the above, the parties submit that the ends of justice
served by a continuance of the 30-day arrest-to-indictment period under the Speedy
Trial Act will outweigh the best interest of the public and the defendant in a speedy
indictment. See 18 U.S.C. § 3161(h)(7) (“The following periods of delay shall be
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excluded in computing the time within which an information or an indictment must
be filed: . . . (7) Any period of delay resulting from a continuance granted by any
judge on his own motion or at the request of the defendant or his counsel, or at the
request of the attorney for the Government, if the judge granted such continuance
on the basis of his findings that the ends of justice served by taking such action
outweigh the best interest of the public and the defendant in a speedy
[indictment].”). Such a continuance would allow the parties to continue their
preindictment plea negotiations without strict time constraints and pursue an
expeditious and fair resolution of the government’s prosecution of defendant. It
would also likely result in the conservation of judicial and prosecutorial resources
by eliminating the need for a preliminary hearing and in the conservation of grand
jury and prosecutorial resources by eliminating the need for defendant to be
prosecuted by way of a grand jury indictment. And it would also likely result in
the conservation of judicial and prosecutorial resources by eliminating the need for
a trial.
6.
Accordingly, the parties request that this Court find there is good cause to
adjourn the preliminary hearing in this case and order that the preliminary hearing
be adjourned until February 3, 2023 The parties also request that this Court find,
based on the information and explanation set forth above, that the ends of justice
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served by a continuance of the 30-day Speedy Trial Act arrest-to-indictment period
will outweigh the best interest of the public and the defendant in a speedy
indictment. The parties request that this ends-of-justice continuance begin on the
date of this motion and continue through February 3, 2023 and that that period be
deemed excludable delay pursuant to 18 U.S.C. § 3161(h)(7).
Respectfully submitted,
Dawn N. Ison
United States Attorney
s/ Craig Weier s/ Vincent Haisha (with consent)
Craig Weier
Assistant United States Attorney
211 W. Fort Street, Suite 2001
Detroit, MI 48226
(313) 226-9678
craig.weier@usdoj.gov
Vincent Haisha
Attorney for Java Carter
155 W. Congress Street, Ste. 603
Detroit, MI 48226
(248) 547-1032
vhaisha@floodlaw.com
Dated: December 5, 2022
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
United States of America,
Plaintiff,
No. 22-mj-30125
-vs-
Java Dominique Carter,
Defendant.
/
ORDER
This matter coming before the Court on the parties’ Stipulation to Adjourn
Preliminary Hearing and for Determination of Excludable Delay under the Speedy
Trial Act, and, for the reasons stated in the parties’ joint motion, the motion is
granted.
The Court finds, based on the information and explanation set forth in the
stipulation, that there is good cause to adjourn the preliminary hearing in this case
and orders that it be adjourned to February 3, 2023. See Fed.R. Crim. P. 5.1(d).
Specifically, the Court finds:
1. The government and defendant are engaged in preindictment plea
negotiations that may result in a plea agreement which will eliminate the
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need for this Court to conduct a preliminary hearing. A preindictment plea
agreement will also provide that defendant waive his right to be prosecuted
by indictment and thus eliminate the need for the government to seek an
indictment and consume grand jury resources. In addition, a preindictment
plea agreement will also eliminate the need for a trial.
2. A part of the plea negotiations involves defense counsel’s assessment of the
government’s case against defendant. This assessment requires that defense
counsel have the reasonable time necessary to adequately review the
information provided and/or to be provided by the government and then
confer with defendant.
3. Moreover, defendant has consented to this adjournment, and the
adjournment sought is fairly limited.
In addition, for the reasons stated in the government’s motion, the Court
finds, based on the information and explanation set forth in the government’s
motion, that the ends of justice served by a continuance of the 30-day Speedy Trial
Act arrest-to-indictment period will outweigh the best interest of the public and the
defendant in a speedy indictment. See 18 U.S.C. § 3161(h)(7). Accordingly, the
Court grants a continuance until February 3, 2023, and orders that the period from
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December 5, 2022 to February 3, 2023 be deemed excludable delay pursuant to 18
U.S.C. § 3161(h)(7).
s/JONATHAN J.C. GREY
Hon. Jonathan J.C. Grey
United States Magistrate Judge
Dated: December 5, 2022
Case 2:22-mj-30125-DUTY ECF No. 21, PageID.82 Filed 12/05/22 Page 7 of 7File and source
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