Proposed Order — USA v. Kanyike (Dkt. 19.1)

Summary

A proposed Order Continuing Date by Which an Indictment or Information Must Be Filed and Findings Regarding Excludable Time Pursuant to the Speedy Trial Act, Doc. 19-1 in United States v. Hassan Kanyike, No. 20-mj-05936 (C.D. Cal.), filed 12/26/20 and prepared for the United States Attorney's Office. It would continue the indictment deadline from January 7, 2021 to January 29, 2021 and the post-indictment arraignment from December 29, 2020 to February 2, 2021. It would exclude December 9, 2020 through January 10, 2021 from the Speedy Trial Act computation under 18 U.S.C. § 3161(h)(7)(A), based on findings that the facts for the grand jury are complex and that the ends of justice outweigh the interest in a timely indictment. The date and signature lines for the magistrate judge are blank.

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NICOLA T. HANNA 
United States Attorney 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
RICHARD E. ROBINSON (Cal. Bar No. 90840) 
Assistant United States Attorney 
Major Frauds Section 
1100 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-0713 
Facsimile: (213) 894-6269 
E-mail: 
Richard.Robinson@usdoj.gov 
 
 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
 
 
 
v. 
 
HASSAN KANYIKE, 
 
 
 
Defendant. 
 
 
No. 20-mj-05936 
 
[PROPOSED] ORDER CONTINUING DATE 
BY WHICH AN INDICTMENT OR 
INFORMATION MUST BE FILED AND 
FINDINGS REGARDING EXCLUDABLE 
TIME PURSUANT TO THE SPEEDY TRIAL 
ACT; AND CONTINUING POST-
INDICTMENT ARRAIGNMENT 
 
[PROPOSED] POST-INDICTMENT 
ARRAIGNMENT DATE: 
February 2, 2021, at 11:30 a.m. 
 
 
 
 
  
The Court has read and considered the Stipulation Regarding 
Request for (1) Continuance of Date by Which an Indictment or 
Information Must Be Filed, (2) Findings of Excludable Time Periods 
Pursuant to Speedy Trial Act, and (3) Continuance of Post-Indictment 
Arraignment filed by the parties in this matter on December 26, 
2020.  The Court hereby finds that the Stipulation, which this Court 
incorporates by reference into this Order, demonstrates facts that 
Case 2:20-mj-05936-DUTY     Document 19-1     Filed 12/26/20     Page 1 of 3   Page ID
#:87

 
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support a continuance of the date by which an indictment or 
information must be filed in this matter, and provides good cause 
for a finding of excludable time pursuant to the Speedy Trial Act, 
18 U.S.C. § 3161. 
The Court further finds that: (i) the arrest of defendant 
occurred at a time such that it is unreasonable to expect return and 
filing of an indictment within the time period specified in 18 
U.S.C. § 3161(b); (ii) the facts upon which the grand jury must base 
its determination are complex and, thus, it would be unreasonable to 
expect return and filing of an indictment within the period 
specified in 18 U.S.C. § 3161(b); and (iii) the ends of justice 
outweigh the interest of the public and defendant in the filing of 
an information or indictment within the original date prescribed by 
the Speedy Trial Act. 
THEREFORE, FOR GOOD CAUSE SHOWN: 
1. 
The date by which an indictment or information must be 
filed in this matter is continued from January 7, 2021, to January 
29, 2021.  Post-indictment arraignment is continued from December 
29, 2020, at 11:30 p.m., to February 2, 2021, at 11:30 p.m. 
2. 
The time period from December 9, 2020, to January 10, 
2021, inclusive, is excluded in computing the time within which the 
indictment or information must be filed, pursuant to 18 U.S.C. 
§ 3161(h)(7)(A).  
3. 
Defendant shall appear in the duty courtroom of the Roybal 
Federal Building and United States Courthouse, 255 East Temple 
Street, Los Angeles, California, on February 2, 2021, at 11:30 p.m., 
for post-indictment arraignment. 
Case 2:20-mj-05936-DUTY     Document 19-1     Filed 12/26/20     Page 2 of 3   Page ID
#:88

 
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4. 
Nothing in this Order shall preclude a finding that other 
provisions of the Speedy Trial Act dictate that additional time 
periods are excluded from the period within which the indictment or 
information must be filed.  Moreover, the same provisions and/or 
other provisions of the Speedy Trial Act may in the future authorize 
the exclusion of additional time periods from the period within 
which the indictment or information must be filed. 
 
IT IS SO ORDERED. 
 
 
______________________ 
 
 
___________________________ 
DATE  
 
 
 
 
 
HONORABLE  
 
 
 
 
 
 
 
UNITED STATES MAGISTRATE JUDGE 
 
Presented by: 
 
________/s/___________ 
RICHARD E. ROBINSON 
Assistant United States Attorney 
Case 2:20-mj-05936-DUTY     Document 19-1     Filed 12/26/20     Page 3 of 3   Page ID
#:89

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