Stipulation Regarding Request for (1) Continuance of Trial Date and (2) Findings of Excludable Time Periods Pursuant to Speedy Trial Act — United States v. McClain (Dkt. 33, C.D. Cal.)

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A stipulation filed January 13, 2023 as Document 33 in United States v. Abdul-Malik McClain, No. 2:21-CR-580-MWF, in the U.S. District Court for the Central District of California. The government and the defendant ask to move the trial from February 7, 2023 to June 13, 2023, the third request for a continuance, and to exclude that period under the Speedy Trial Act. The filing states that McClain is charged with ten counts of mail fraud and two counts of aggravated identity theft, and that the government has produced approximately 45,000 pages of discovery, about 11 Gigabytes, including records from the California Employment Development Department. Defense counsel, who substituted in on December 20, 2022, lists other matters on the calendar; the government does not object.

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Case 2:21-cr-00580-MWF Document 33 Filed 01/13/23 Page 1 of 6 Page ID #:117



 1   E. MARTIN ESTRADA
     United States Attorney
 2   SCOTT M. GARRINGER
     Assistant United States Attorney
 3   Chief, Criminal Division
     KERRY L. QUINN (Cal. Bar No. 302954)
 4   Assistant United States Attorney
     Major Frauds Section
 5        1100 United States Courthouse
          312 North Spring Street
 6        Los Angeles, California 90012
          Telephone: (213) 894-5423
 7        Facsimile: (213) 894-6269
          E-mail:    Kerry.L.Quinn@usdoj.gov
 8
     Attorneys for Plaintiff
 9   UNITED STATES OF AMERICA

10                           UNITED STATES DISTRICT COURT

11                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

12   UNITED STATES OF AMERICA,               No. 2:21-CR-580-MWF

13              Plaintiff,                   STIPULATION REGARDING REQUEST FOR
                                             (1) CONTINUANCE OF TRIAL DATE AND
14                   v.                      (2) FINDINGS OF EXCLUDABLE TIME
                                             PERIODS PURSUANT TO SPEEDY TRIAL
15   ABDUL-MALIK MCCLAIN,                    ACT
16              Defendant.                   CURRENT TRIAL DATE: 02-07-2023
                                             PROPOSED TRIAL DATE: 06-13-2023
17

18

19        Plaintiff United States of America, by and through its counsel
20   of record, the United States Attorney for the Central District of
21   California and Assistant United States Attorney Kerry L. Quinn, and
22   defendant Abdul-Malik McClain (“defendant”), both individually and by
23   and through his counsel of record, Justin A. Palmer, Esq., hereby
24   stipulate as follows:
25        1.
   The Indictment in this case was filed on December 16, 2021,
26   and made public on December 20, 2021.        Defendant first appeared
27   before a judicial officer of the court in which the charges in this
28   case were pending on December 20, 2021.        The Speedy Trial Act, 18

     Case 2:21-cr-00580-MWF Document 33 Filed 01/13/23 Page 2 of 6 Page ID #:118



 1   U.S.C. § 3161, originally required that the trial commence on or

 2   before February 28, 2022.

 3        2.
   On December 20, 2021, the Court set a trial date of

 4   February 15, 2022.

 5        3.
   Defendant is released on bond pending trial.         The parties

 6   estimate that the trial in this matter will last approximately 4-5

 7   days.

 8        4.
   The Court has previously continued the trial date in this

 9   case from February 15, 2022, to February 7, 2023, and found the

10   interim period to be excluded in computing the time within which the

11   trial must commence, pursuant to the Speedy Trial Act.

12        5.
   By this stipulation, defendant moves to continue the trial

13   date to February 7, 2023.      This is the third request for a

14   continuance.

15        6.
   Defendant requests the continuance based upon the following

16   facts, which the parties believe demonstrate good cause to support

17   the appropriate findings under the Speedy Trial Act:

18              a.
   Defendant is charged with ten counts of mail fraud in

19   violation of 18 U.S.C. § 1341 and two counts of aggravated identity

20   theft in violation of 18 U.S.C. § 1028A.        The government has produced

21   discovery to the defense, including approximately 45,000 pages of

22   documents (some of which constitute recordings and other electronic

23   files, which are themselves voluminous, with the entire production

24   comprising approximately 11 Gigabytes of data).         The discovery in the

25   case includes, among other documents and records: agent reports, bank

26   records, criminal history reports, search warrant documents, records

27   from the California Employment Development Department, and documents

28   from internet service providers (ISPs).        The government will produce
                                          2

     Case 2:21-cr-00580-MWF Document 33 Filed 01/13/23 Page 3 of 6 Page ID #:119



 1   additional discovery as necessary in accordance with its discovery

 2   obligations.

 3              b.
   On December 20, 2022, defendant’s current counsel

 4   substituted in as counsel of record.       Defense counsel is still

 5   reviewing the discovery and conducting his own investigation.

 6   Defense counsel has other active matters preventing full preparation

 7   of this matter on the current schedule, including the following:

 8                    i.
    January 13, 2023: People v. Jabari Merritt, Case

 9   No. SA106275, Los Angeles County, preliminary hearing;
10                    ii.
    January 19, 2023: People v. Michael Bates, Case
11   No. NA121218, Los Angeles County, preliminary hearing;
12                    iii.
 January 27-28, 2023: State Bar of California
13   Commission on Judicial Nominations and Evaluation Orientation
14   (counsel is Chair for the 2023 year;
15                    iv.
 February 3, 2023: Glazier v. County of Los
16   Angeles et. al, Pre-Trial Conference, United States District Court,
17   Eastern Division (2:20-cv-00924-SSS-RAO).
18                    v.
    February 17-18, 2023: State Bar of California
19   Commission on Judicial Nominations and Evaluation Commitment;
20                    vi.
 February 27, 2023: Glazier v. County of Los
21   Angeles et. al, Jury Trial, United States District Court, Eastern
22   Division (2:20-cv-00924-SSS-RAO) – four days.
23              c.
   In light of the foregoing, defense counsel also
24   represents that additional time is necessary to confer with
25   defendant, conduct and complete an independent investigation of the
26   case, conduct and complete additional legal research including for
27   potential pre-trial motions, review the discovery and potential
28   evidence in the case, and prepare for trial in the event that a
                                          3

     Case 2:21-cr-00580-MWF Document 33 Filed 01/13/23 Page 4 of 6 Page ID #:120



 1   pretrial resolution does not occur.       Defense counsel represents that

 2   failure to grant the continuance would deny him reasonable time

 3   necessary for effective preparation, taking into account the exercise

 4   of due diligence.

 5              d.
    Defendant believes that failure to grant the

 6   continuance will deny him continuity of counsel and adequate

 7   representation.

 8              e.
    The government does not object to the continuance.

 9              f.
    The requested continuance is not based on congestion

10   of the Court’s calendar, lack of diligent preparation on the part of

11   the attorney for the government or the defense, or failure on the

12   part of the attorney for the Government to obtain available

13   witnesses.

14        7.
   For purposes of computing the date under the Speedy Trial

15   Act by which defendant’s trial must commence, the parties agree that

16   the time period of February 7, 2023, to June 13, 2023, inclusive,

17   should be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A),

18   (h)(7)(B)(i) and (h)(7)(B)(iv) because the delay results from a

19   continuance granted by the Court at defendant’s request, without

20   government objection, on the basis of the Court’s finding that:

21   (i) the ends of justice served by the continuance outweigh the best

22   interest of the public and defendant in a speedy trial; (ii) failure

23   to grant the continuance would be likely to make a continuation of

24   the proceeding impossible, or result in a miscarriage of justice; and

25   iii failure to grant the continuance would unreasonably deny

26   defendant continuity of counsel and would deny defense counsel the

27   reasonable time necessary for effective preparation, taking into

28   account the exercise of due diligence.
                                          4

     Case 2:21-cr-00580-MWF Document 33 Filed 01/13/23 Page 5 of 6 Page ID #:121



 1        8.
   Nothing in this stipulation shall preclude a finding that

 2   other provisions of the Speedy Trial Act dictate that additional time

 3   periods be excluded from the period within which trial must commence.

 4   Moreover, the same provisions and/or other provisions of the Speedy

 5   Trial Act may in the future authorize the exclusion of additional

 6   time periods from the period within which trial must commence.

 7        IT IS SO STIPULATED.

 8   Dated: January 10, 2023              Respectfully submitted,

 9                                        E. MARTIN ESTRADA
                                          United States Attorney
10
                                          SCOTT M. GARRINGER
11                                        Assistant United States Attorney
                                          Chief, Criminal Division
12

13                                              /s/
                                          KERRY L. QUINN
14                                        Assistant United States Attorney
15                                        Attorneys for Plaintiff
                                          UNITED STATES OF AMERICA
16

17        I am ABDUL-MALIK MCCLAIN’s attorney.        I have carefully discussed
18   every part of this stipulation and the continuance of the trial date
19   with my client. I have fully informed my client of his Speedy Trial
20   rights.    To my knowledge, my client understands those rights and
21   agrees to waive them.     I believe that my client’s decision to give up
22   the right to be brought to trial earlier than January 9, 2023 is an
23   informed and voluntary one.
24

25                                                        January 12, 2023
26   JUSTIN A. PALMER, ESQ.                       Date
     Attorney for Defendant
27   ABDUL-MALIK MCCLAIN

28
                                          5

     Case 2:21-cr-00580-MWF Document 33 Filed 01/13/23 Page 6 of 6 Page ID #:122



 1        I have read this stipulation and have carefully discussed it

 2   with my attorney. I understand my Speedy Trial rights.          I voluntarily

 3   agree to the continuance of the trial date and give up my right to be

 4   brought to trial earlier than June 13, 2023. I understand that I will

 5   be ordered to appear in Courtroom 5A of the Federal Courthouse, 350

 6   W. 1st Street, Los Angeles, California on June 13, 2023 at 8:30 am.

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 8   ABDUL-MALIK MCCLAIN                          Date
     Defendant
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