United States’ Speedy Trial Report — United States v. Philossaint (Dkt. 79, S.D. Fla.)

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The United States' Speedy Trial Report in United States of America v. Joff Stenn Wroy Philossaint, et al., Case No. 22-80144-Cr-Smith/Maynard(s), in the U.S. District Court for the Southern District of Florida, filed November 5, 2022 under S.D. Fla. L. R. 88.5. The report sets out the procedural history, beginning with sealed complaints and arrest warrants issued on August 5, 2022 for Philossaint and Mariel Tollinchi and their initial appearances on August 8, 2022. It explains that the defendants were charged by complaint in three separate cases that were consolidated into one superseding indictment. It calculates that if the Court rules on the pending motions to continue trial on November 7, 2022, the final date to begin trial would be January 11, 2023. It is signed by Assistant United States Attorney Marc Osborne.

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Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 1 of 5




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                           CASE NO. 22-80144-Cr-Smith/Maynard(s)

 UNITED STATES OF AMERICA

        vs.

 JOFF STENN WROY PHILOSSAINT, et al.,

             Defendants.
 ______________________________________/

                        UNITED STATES= SPEEDY TRIAL REPORT

        The United States, by and through the undersigned Assistant U.S. Attorney, hereby files

 its Speedy Trial Report, in accordance with S.D. Fla. L. R. 88.5.

                                   PROCEDURAL HISTORY

        1.      On August 5, 2022, sealed Complaints and sealed arrest warrants were issued for

 defendants Joff Stenn Wroy Philossaint (“Philossaint”) and Mariel Tollinchi (“Tollinchi”) [DE 3

 (Philossaint Sealed Compl.); DE 3 (Tollinchi Sealed Compl.)]. 1

        2.      On August 8, 2022, both Philossaint and Tollinchi made their initial appearances

 [DE 8 (Philossaint Minute Order); DE 8 (Tollinchi Minute Order)].



        1
           The defendants were charged by Complaint in three separate cases. Philossaint was
 charged in case number 22-8336; Tollinchi was charged in case number 22-8337; Shazier, Rene,
 and Gayle, were charged in case number 22-8357. All three cases have been consolidated into
 the same superseding indictment, and the Clerk’s Office has merged all three original docket sheets
 into the final docket sheet in 22-80144-Cr-Smith/Maynard(s). Thus, the Court will notice that
 there are multiple documents that seem to have the same Docket Entry numbers. The undersigned
 has tried to clearly identify the documents by title, date, and docket entry number to avoid
 confusion.

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Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 2 of 5




        3.      On August 15, 2022, a sealed Complaint and sealed arrest warrants were issued for

 defendants Maurice Shazier (“Shazier”), Regine Rene (“Rene”), and Brianna Gayle (“Gayle”)

 [DE 1 (Shazier, et al. Compl.)].

        4.      On August 17, 2022, Rene and Gayle made their initial appearances [DE 5 (Rene

 Minute Order); DE 9 (Gayle Minute Order)].

        5.      On August 24, 2022, Shazier made his initial appearance [DE 25 (Shazier Minute

 Order)].

        6.      On September 8, 2022, the initial Indictment was returned by the federal grand jury

 [DE 32 (Indictment)].      The initial Indictment only contained charges against defendants

 Philossaint, Tollinchi, Rene, and Gayle [see id.].

        7.      On September 13, 2022, Philossaint was arraigned [DE 35 (Minute Order re Report

 re Counsel and Arraignment)].

        8.      On September 14, 2022, Tollinchi and Gayle were arraigned [DE 37 (Minute Order

 on Gayle Arraignment); DE 38 (Minute Order on Tollinchi Report Re Counsel and Arraignment)].

        9.      On October 20, 2022, a Superseding Indictment was returned by the federal grand

 jury, which added charges against Shazier [DE 58].

        10.     On October 21, 2022, Rene was arraigned on the Superseding Indictment [DE 59].

        11.     On October 25, 2022, Shazier was arraigned on the Superseding Indictment [DE

 62].

        12.     On October 28, 2022, Philossaint was arraigned on the Superseding Indictment [DE

 63].




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Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 3 of 5




        13.     On November 3, 2022, Gayle was arraigned on the Superseding Indictment [DE

 74].

        14.     On November 4, 2022, Tollinchi was arraigned on the Superseding Indictment [DE

 76].

                        CALCULATION OF SPEEDY TRIAL PERIOD

        15.     The Speedy Trial Act states that “[a] defendant’s trial “shall commence within

 seventy days from the filing date . . . of the . . . indictment, or from the date the defendant has

 appeared before a judicial officer of the court in which such charge is pending, whichever date last

 occurs.” 18 U.S.C. ' 3161(c)(1).

        16.     The statute lists various periods of delay that are excluded from the computation of

 when a trial shall commence. 18 U.S.C. ' 3161(h). Delay attributable to one co-defendant is

 attributable to all, so long as the period of delay is reasonable. See 18 U.S.C. § 3161(h)(6)

 (excluding a reasonable period of delay caused by a co-defendant with whom the defendant is

 joined and no motion for severance has been granted).

        17.     The Speedy Trial period on the defendants’ Superseding Indictment began to run

 in this case on October 20, 2022, the date that the Superseding Indictment was returned adding

 defendant Maurice Shazier. See 18 U.S.C. ' 3161(c)(1); Chambliss v. United States, 2010 WL

 2511387 *1 (11th Cir. June 23, 2010) (“If a case involves multiple defendants, the 70-day period

 begins to run after the last codefendant is indicted or arraigned.”); United States v. Mathis, 96 F.3d

 1577, 1579 n.1 (11th Cir. 1996) (In a multiple defendant case, the speedy trial clock begins to run

 when the period begins for the last co-defendant.).




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Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 4 of 5




        18.    GROSS TIME: Seventy days from the day of Shazier’s indictment (October 20,

 2022) means that, if no time were excludable, the original Speedy Trial period would end on

 December 29, 2022.

        19.    EXCLUDABLE TIME:

                   a. October 20, 2022 through October 25, 2022 (5 days) are excludable due to
                      the Court’s October 7, 2022 Order granting defendant Shazier’s Motion to
                      Continue his Arraignment, which excluded the period of October 12, 2022
                      through October 25, 2022, based upon specific findings that “the ends of
                      justice served by taking such action outweigh the best interest of the public
                      and the defendant in a speedy trial,” pursuant to § 3161(h)(7)(A). [See DE
                      35 (10/7/2022 Order granting Motn to Continue)].
                   b. October 31, 2022 to present (six days and continuing) are excludable,
                      because on October 31, 2022, Rene filed a Motion to Continue Trial [DE
                      65]. On November 1, 2022, Gayle and Shazier filed Motions to Continue
                      Trial [DE 67, DE 68, respectively]. All three motions remain pending,
                      thus, all time from October 31, 2022, to the present is excludable pursuant
                      to section 3161(h)(1)(D). Furthermore, the motions set forth facts that
                      would allow the Court, in granting the motions, to exclude the time
                      attributable to the continuance in the interests of justice, pursuant to
                      section 3161(h)(7).

        20.    NET TIME REMAINING: To date, five days have run from the speedy trial

 clock: October 26–30, 2022. Hence, the net time remaining is 65 days.

        21.    FINAL DATE: The final date on which this case can be tried in compliance with

 the Speedy Trial Act is sixty-six (65) days following the Court’s decision on the pending Motions

 to Continue Trial (DE 65, 67, 68). Thus, if the Court were to rule on the motions on Monday,

 November 7, 2022, the final date to begin trial would be January 11, 2023. However, if the Court




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Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 5 of 5




 were to exclude additional time in the interests of justice, the final date to begin trial would be

 extended as well.

                                              Respectfully submitted,

                                              JUAN ANTONIO GONZALEZ
                                              UNITED STATES ATTORNEY

                                       By:     s/Marc Osborne
                                              MARC OSBORNE
                                              Assistant United States Attorney
                                              Court ID #550786
                                              500 South Australian Avenue, Suite 400
                                              West Palm Beach, FL 33401
                                              Telephone: 561 820-8711
                                              Facsimile: 561 820-8777




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