Proposed Order — USA v. Kanyike (Dkt. 27.1)

Record facts

U.S. District Court for the Central District of California · No. 2:20-mj-05936-DUTY · Doc. 27-1 · 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 
 
[PROPOSED] ORDER CONTINUING DATE 
BY WHICH AN INDICTMENT OR 
INFORMATION MUST BE FILED; 
FINDINGS REGARDING EXCLUDABLE 
TIME PURSUANT TO THE SPEEDY TRIAL 
ACT; AND CONTINUING POST-
INDICTMENT ARRAIGNMENT 
 
[PROPOSED] POST-INDICTMENT 
ARRAIGNMENT DATE: 
 
March 2, 2021, at 11:30 a.m. 
 
 
 
 
  
The Court has read and considered the Stipulated Request for 
(1) Continuance of Date by Which an Indictment or Information Must 
Case 2:20-mj-05936-DUTY     Document 27-1     Filed 01/15/21     Page 1 of 3   Page ID
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Be Filed; (2) Findings of Excludable Time Pursuant to Speedy Trial 
Act; and (3) Continuance of Post-Indictment Arraignment Date as to 
defendant HASSAN KANYIKE (“defendant”), filed by the parties in this 
matter on January 15, 2021.  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 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 29, 2021, to February 
26, 2021.  Defendant’s Post-indictment Arraignment is continued from 
February 2, 2021, to March 2, 2021, at 11:30 a.m. 
2. 
The time period from December 9, 2020, to January 29, 
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) and (h)(B)(iii).  
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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 March 2, 2021, at 11:30 a.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 
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 
BENJAMIN A. SALTZMAN 
Trial Attorney 
Case 2:20-mj-05936-DUTY     Document 27-1     Filed 01/15/21     Page 3 of 3   Page ID
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