Waiver of Rights Pursuant to Speedy Trial Act of 1974 and Order — United States v. Augustin (Dkt. 28, N.D. Ohio)

Summary

A waiver of rights under the Speedy Trial Act of 1974 and order in United States v. Phillip J. Augustin, Case No. 1:20-MJ-2207, in the U.S. District Court for the Northern District of Ohio, filed June 8, 2021 as Doc 28. The defendant and counsel for both parties waive the right to have the case presented to a grand jury within thirty (30) days under Title 18, United States Code, Sections 3161(b) and 3161(h). The time to present the matter to the grand jury is extended to no later than September 10, 2021. Magistrate Judge David A. Ruiz finds that the ends of justice served by the continuance outweigh the interest in a speedy presentation, and the waiver carries the names of defense counsel Michael Grieco and Assistant U.S. Attorney Brendan D. O'Shea.

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Case: 1:20-mj-02207-DAR Doc #: 28 Filed: 06/08/21 1o0f1. PagelD #: 100

                                                                               FILED

                       IN THE UNITED STATES DISTRICT COURT                 2:14 pm Jun 08 2021
                        FOR THE NORTHERN DISTRICT OF OHIO                Clerk U.S. District Court
                                   EASTERN DIVISION                      Northern District of Ohio
                                                                                Cleveland
 UNITED STATES OF AMERICA,                     ) CASE NO.: 1:20-MJ-2207
                                               )
               Plaintiff,                      ) MAGISTRATE JUDGE DAVID A. RUIZ
                                               )
               Vv.                             )
                                               )
 PHILLIP J. AUGUSTIN,                          ) WAIVER OF RIGHTS PURSUANT TO
                                               ) SPEEDY TRIAL ACT OF 1974 AND
               Defendant.                      ) ORDER

       We, the attorneys for the respective parties, and I, Phillip J. Augustin, the defendant, with

the consent of the Court, hereby waive any of the rights to have this case presented to a Grand

Jury within thirty (30) days pursuant to the provisions of Title 18, United States Code, Sections

3161(b) and 3161(h), including all excludable periods. It is further agreed that the time for

presenting this matter to the Grand Jury is extended until no later than September 10, 2021.

       As grounds for continuance, the Court finds that the ends of justice served by the

continuance outweigh the best interest of the public and defendant in a speedy presentation of the

case to the Grand Jury because failure to grant such a continuance would deny counsel for both

sides the reasonable time necessary for effective investigation, negotiation, and preparation,

taking into account the exercise of due diligence.

            <=>                                       Row

 Michael Grieco, Esq.                          Brendan D. O’Shea

 Counsel for Defendant                         Assistant U.S. Attorney

                                                IT IS SO ORDERED.

                                              Laval A.                      Jun 8, 2021
                                               DAVID A. RUIZ
                                               United States Magistrate Judge

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