Court filing
Order by Magistrate Judge Gail J. Standish as to Defendant Hassan Kanyike — USA v. Kanyike (Dkt. 20, C.D. Cal.)
Filed December 28, 2020 in USA v. Kanyike; one of 27 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2020-12-28 |
U.S. District Court for the Central District of California · No. 2:20-mj-05936-DUTY · Doc. 20 · 2020-12-28 · Docket on CourtListener
Full text
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 support a continuance of the date by which an indictment or Case 2:20-mj-05936-DUTY Document 20 Filed 12/28/20 Page 1 of 3 Page ID #:90 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 4. Nothing in this Order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time Case 2:20-mj-05936-DUTY Document 20 Filed 12/28/20 Page 2 of 3 Page ID #:91 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. December 28, 2020 /s/ Gail J. Standish DATE HONORABLE GAIL J. STANDISH UNITED STATES MAGISTRATE JUDGE Presented by: ________/s/___________ RICHARD E. ROBINSON Assistant United States Attorney Case 2:20-mj-05936-DUTY Document 20 Filed 12/28/20 Page 3 of 3 Page ID #:92
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