Court filing
Order to Continue in the Interest of Justice as to Chanette Lewis — USA v. Lewis, et al. (Dkt. 22, S.D.N.Y.)
Filed November 4, 2021 in Chanette Lewis; one of 3 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2021-11-04 |
U.S. District Court for the Southern District of New York · No. 1:21-mj-09354-UA · Doc. 22 · 2021-11-04 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------X
UNITED STATES OF AMERICA
v.
CHANETTE LEWIS,
a/k/a “Netty Hott,” and
TATIANA DANIEL,
a/k/a “Kimora Daniel,”
Defendants.
-------------------------------------------------------X
Order of Continuance
21 Mag. 9354
Upon the application of the United States of America and the affirmation of Michael D.
Neff, Assistant United States Attorney for the Southern District of New York, it is found that both
defendants were charged with violations of 18 U.S.C. §§ 1343, 1349, and 2, and that one
defendant, CHANETTE LEWIS, was also charged with violations of 18 U.S.C. §§ 1346, 1028A,
and 641, in a complaint dated September 28, 2021, and both defendants were arrested on October
5, 2021;
It is further found that the defendants were presented before Magistrate Judge Katharine
H. Parker, on October 5, 2021, and were ordered released on bail;
It is further found that counsel for the defendants and Assistant United States Attorney
Michael D. Neff have been engaged in, and are continuing, discussions concerning a possible
disposition of this case;
It is further found that the Government has requested a continuance of 30 days to engage
in further discussions with counsel about the disposition of this case and that the defendants,
through counsel, have consented that such a continuance may be granted for that purpose and have
Case 1:21-mj-09354-UA Document 22 Filed 11/04/21 Page 1 of 4
specifically waived their right to be charged in an indictment or information for an additional 30
days; and
It is further found that the granting of such a continuance best serves the ends of justice
and outweighs the best interests of the public and the defendants in a speedy trial; and therefore it
is
ORDERED that the request for a continuance pursuant to 18 U.S.C. § 3161(h)(7)(A) is
hereby granted until December 6, 2021, and that a copy of this Order and the affirmation of
Assistant United States Attorney Michael D. Neff be served by mail on this date on counsel for
the defendants by the United States Attorney’s Office.
Dated: New York, New York
November 4, 2021
____________________________________
THE HONORABLE SARAH L. CAVE
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK
Case 1:21-mj-09354-UA Document 22 Filed 11/04/21 Page 2 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------X
UNITED STATES OF AMERICA
v.
CHANETTE LEWIS,
a/k/a “Netty Hott,” and
TATIANA DANIEL,
a/k/a “Kimora Daniel,”
Defendants.
-------------------------------------------------------X
Affirmation in Support of Application
for Order of Continuance
21 Mag. 9354
State of New York
)
County of New York
: ss.:
Southern District of New York
)
MICHAEL D. NEFF, pursuant to Title 28, United States Code, Section 1746, hereby
declares under penalty of perjury:
1. I am an Assistant United States Attorney in the Office of Damian Williams, United
States Attorney for the Southern District of New York. I submit this affirmation in support of an
application for an order of continuance of the time within which an indictment or information
would otherwise have to be filed, pursuant to 18 U.S.C. § 3161(h)(7)(A).
2. Both defendants were charged in a Complaint dated September 28, 2021. Defendant
CHANETTE LEWIS was charged with five counts—specifically, violations of 18 U.S.C. §§ 1343,
1349, 1346, 1028A, 641, and 2. Defendant TATIANA DANIEL was charged with two counts—
specifically, violations of 18 U.S.C. §§ 1343, 1349, and 2.1 On October 5, 2021, both defendants
were arrested, presented before Magistrate Judge Katharine H. Parker, and ordered released on
1 Two other defendants are charged in the same Complaint, but their respective Indictment
deadlines are later than the deadline for defendants LEWIS and DANIEL.
Case 1:21-mj-09354-UA Document 22 Filed 11/04/21 Page 3 of 4
bail. At the presentment, LEWIS was appointed Federal Defenders of New York by Mark
Gombiner, Esq., and DANIEL was appointed Ezra Spilke, Esq.
3. At the initial presentment, defense counsel for both defendants consented to a waiver
of their clients’ right pursuant to Rule 5.1 of the Federal Rules of Criminal Procedure to a
preliminary hearing within 21 days of the initial appearance. Accordingly, under the Speedy Trial
Act the Government initially had until November 4, 2021, within which to file an indictment or
information.
4. Defense counsel and I have begun discussions regarding a possible disposition of this
case. The negotiations have not been completed and we plan to continue our discussions, but do
not anticipate a resolution before the deadline under the Speedy Trial Act expires on November 4,
2021.
5. Therefore, the Government is requesting a 30-day continuance until December 6, 2021,
to continue the foregoing discussions and reach a disposition of this matter. On or about October
27, 2021, I conferred with counsel for both defendants, who each consented to this request.
6. For the reasons stated above, the ends of justice served by the granting of the requested
continuance outweigh the best interests of the public and defendant in a speedy trial.
Dated: New York, New York
November 3, 2021
__________________________
Michael D. Neff
Assistant United States Attorney
(212) 637-2107
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