Stipulation to Continue date by which an indictment — USA v. Kanyike (Dkt. 27, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-mj-05936-DUTY · Doc. 27 · 2021-01-15 · Docket on CourtListener

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TRACY L. WILKISON 
Acting 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 
 
DANIEL S. KAHN 
Acting Chief, Fraud Section 
BENJAMIN A. SALTZMAN 
Trial Attorney (NY Bar No. 5151477) 
Criminal Division, Fraud Section 
United States Department of Justice 
 
1400 New York Avenue, NW 
 
Washington, DC 20005 
Phone: (202)514-0337 
 
Email: Benjamin.Saltzman@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 
STIPULATED REQUEST FOR (1) 
CONTINUANCE OF DATE BY WHICH AN 
INDICTMENT OR INFORMATION MUST BE 
FILED; (2) FINDINGS OF EXCLUDABLE 
TIME PURSUANT TO THE SPEEDY TRIAL 
ACT; AND (3) CONTINUANCE OF POST-
INDICTMENT ARRAIGNMENT DATE 
   
Plaintiff United States of America, by and through its counsel 
of record, the United States Attorney for the Central District of 
California and Assistant United States Attorney Richard E. Robinson, 
and defendant HASSAN KANYIKE (“defendant”), both individually and by 
Case 2:20-mj-05936-DUTY     Document 27     Filed 01/15/21     Page 1 of 6   Page ID #:124

 
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and through defendant’s counsel of record, Victor Sherman, hereby 
jointly stipulate and move as follows: 
1. 
On December 8, 2020, defendant was arrested in this case 
on a complaint for a violation of 18 U.S.C. §§ 1344 (2) (bank 
fraud).  The complaint was supported by an agent’s 26-page affidavit 
describing defendant’s alleged bank fraud scheme.  (ECF 1.)     
2. 
On December 9, 2020, defendant was presented and arraigned 
on the complaint.  (ECF 6.)     
3. 
On December 18, 2020, defendant and his counsel signed and 
filed a Waiver of Preliminary Hearing.  (ECF 16.)  
4. 
Defendant is released on bond.  (ECF 18.)   
5. 
The Speedy Trial Act, 18 U.S.C. § 3161(b), originally 
required that an information or indictment charging defendant be 
filed on or before January 7, 2021, i.e., within thirty days from 
the date on which defendant was arrested.   
6. 
On December 28, 2020, the Honorable Gail J. Standish, 
United States Magistrate Judge for the Central District of 
California, pursuant to a stipulation by the parties, ordered that: 
(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; 
(2) post-indictment arraignment is continued from December 29, 2020, 
to February 2, 2021; and (3) the time 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).  (ECF 19, 20.) 
7. 
By this stipulation, the parties jointly request that the 
Court continue the date by which an information or indictment must 
be filed from January 29, 2021, to February 26, 2020.  Defendant, 
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his counsel, and government counsel need additional time to consider 
entering into a plea agreement prior to the filing of an indictment. 
8. 
The parties further request that the Court continue 
defendant’s Post-Indictment Arraignment from February 2, 2021, to 
March 2, 2021, at 11:30 a.m. 
9. 
The parties agree and stipulate, and request that the 
Court find, that 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 because: 
a. 
The arrest of defendant, on December 8, 2020, 
occurred at a time such that it is unreasonable to expect return and 
filing of an indictment within the period specified in Section 
3161(b).  18 U.S.C. § 3161(b)(h)(7)(B)(iii).   
b. 
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 Section 3161(b).  18 U.S.C. § 3161(b)(h)(7)(B)(iii).  
c. 
The foregoing is particularly true given the limited 
time a grand jury would have to consider the facts because of the 
restrictions on grand juries imposed by the COVID-19 pandemic: 
i. 
By Order of the Chief Judge issued on December 
7, 2020, this Court activated its Continuity of Operations (“COOP”) 
Plan “effective December 9, 2020 at 5:00 p.m. through and including 
January 8, 2021.”  C.D. Cal. Order of the Chief Judge No. 20-179, In 
Re: Coronavirus Public Emergency, Activation of Continuity of 
Operations Plan, at 2 (Dec. 7, 2020).  The COOP Plan was activated 
in response to the surging number of cases of COVID-19 in the 
Central District of California.  Id.  Pursuant to the COOP Plan, all 
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regularly scheduled grand jury proceedings are suspended and grand 
jurors are not required to report for service.  Id. at 3.   
ii. 
By Order of the Chief Judge issued on January 6, 
2021, this Court extended the COOP Plan.  Pursuant to the extension, 
all regularly scheduled grand jury proceedings continue to be 
suspended through and including January 29, 2021.  C.D. Cal. Order 
of the Chief Judge No. 21-002, In Re: Coronavirus Public Emergency, 
Extension of Continuity of Operations Plan, at 2 (Jan. 6, 2021).   
iii. The last grand jury session in the Central 
District of California was on December 9, 2020, one day after 
defendant’s arrest on the complaint.  The next available grand jury 
session, consistent with Order No. 21-002, will be no sooner than 
Monday, February 1, 2021.    
10. 
Based on the foregoing, the parties request that the Court 
find that for the purpose of computing time under the Speedy Trial 
Act, 18 U.S.C. § 3161(b), within which an information or indictment 
must be filed, the time period of from December 9, 2020, through 
January 29, 2021, inclusive, is deemed excludable pursuant to 18 
U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iii), because the ends of 
justice served by granting a continuance outweigh the best interest 
of the public and the defendant in a filing of an information or 
indictment within the period specified in Section 3161(b). 
11. 
The parties agree and stipulate, and request that the 
Court find, that nothing in this stipulation and accompanying order 
shall preclude a finding that other provisions of the Speedy Trial 
Act dictate that additional time periods are excludable from the 
/// 
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