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. 35, C.D. Cal.)

Summary

A stipulation 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, filed May 15, 2023 as Document 35. By it, McClain moves to continue the trial from June 13, 2023 to November 28, 2023, and the parties agree that the period should be excluded under the Speedy Trial Act. It states that McClain is charged with ten counts of mail fraud under 18 U.S.C. § 1341 and two counts of aggravated identity theft under 18 U.S.C. § 1028A, and that discovery runs to approximately 45,000 pages, including records from the California Employment Development Department. Defense counsel Justin A. Palmer lists other hearings and trials and the time needed to review discovery, and the government does not object. The stipulation is dated April 26, 2023 and signed by Assistant United States Attorney Kerry L. Quinn.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 2:21-cr-00580-MWF Document 35 Filed 05/15/23 Page 1 of 7 Page ID #:128



 1   E. MARTIN ESTRADA
     United States Attorney
 2   MACK E. JENKINS
     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: 06-13-2023
                                             PROPOSED TRIAL DATE: 11-28-2023
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 35 Filed 05/15/23 Page 2 of 7 Page ID #:129



 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 June 13, 2023, and found the interim
10   period to be excluded in computing the time within which the trial
11   must commence, pursuant to the Speedy Trial Act.
12        5.    By this stipulation, defendant moves to continue the trial
13   date to November 28, 2023.
14        6.    Defendant requests the continuance based upon the following
15   facts, which the parties believe demonstrate good cause to support
16   the appropriate findings under the Speedy Trial Act:
17              a.    Defendant is charged with ten counts of mail fraud in
18   violation of 18 U.S.C. § 1341 and two counts of aggravated identity
19   theft in violation of 18 U.S.C. § 1028A.        The government has produced
20   discovery to the defense, including approximately 45,000 pages of
21   documents (some of which constitute recordings and other electronic
22   files, which are themselves voluminous, with the entire production
23   comprising approximately 11 Gigabytes of data).         The discovery in the
24   case includes, among other documents and records: agent reports, bank
25   records, criminal history reports, search warrant documents, records

26   from the California Employment Development Department, and documents
27   from internet service providers (ISPs).        The government will produce
28
                                          2

     Case 2:21-cr-00580-MWF Document 35 Filed 05/15/23 Page 3 of 7 Page ID #:130



 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.    May 8, 2023: People v. Michael Bates, Case No.
 9   NA121218, Los Angeles County, pretrial hearing;
10                    ii.   May 9, 2023: People v. Michael Bates, Case No.
11   NA121218, Los Angeles County, pretrial hearing
12                    iii. May 11, 2023: Smith v. County of Los Angeles et.
13   al, Mediation, United States District Court, Eastern Division (2:22-
14   cv-01977-MEWF-SHK).
15                    iv.   May 17, 2023: Jaymen Tinsley et al v. The Lofts
16   on La Brea, A California Corporation et. al, Motion to Compel
17   Discovery, Los Angele Superior Court (22STCV01937).
18                    v.    May 17, 2023: Christopher Mendoza v. City of
19   Buckeye et. al, Out of State Mediation, United States District Court,
20   District of Arizona (22STCV01937).
21                    vi.   June 16-17, 2023: State Bar of California
22   Mandatory Commitment;
23                    vii. August 18-19, 2023: State Bar of California
24   Mandatory Commitment;
25                    viii.      September 8, 2023: Glazier v. County of Los

26   Angeles et. al, Pre-Trial Conference, United States District Court,
27   Eastern Division (2:20-cv-00924-SSS-RAO).
28
                                          3

     Case 2:21-cr-00580-MWF Document 35 Filed 05/15/23 Page 4 of 7 Page ID #:131



 1                    ix.   September 19, 2023: Glazier v. County of Los
 2   Angeles et. al, Trial Confirmation Hearing, United States District

 3   Court, Eastern District of California (2:18-cv-00319-DAD-AC) (Counsel
 4   is pro bono counsel for inmate litigant).
 5                    x.    September 25, 2023: Glazier v. County of Los
 6   Angeles et. al, Jury Trial, United States District Court, Eastern
 7   Division (2:20-cv-00924-SSS-RAO) – four days.
 8                    xi.   October 16, 2023: Glazier v. County of Los
 9   Angeles et. al, Jury Trial, United States District Court, Eastern
10   District of California (2:18-cv-00319-DAD-AC) (Counsel is pro bono
11   counsel for inmate litigant).
12                    xii. November 17, 2023: Jaymen Tinsley et al v. The
13   Lofts on La Brea, A California Corporation et. al, Final Status
14   Conference, United States District Court, Eastern District of
15   California (22STCV01937).
16                    xiii.      November 27, 2023: Jaymen Tinsley et al v.
17   The Lofts on La Brea, A California Corporation et. al, Jury Trial,
18   Los Angeles Superior Court (22STCV01937).
19              c.    In light of the foregoing, defense counsel also
20   represents that additional time is necessary to confer with
21   defendant, conduct and complete an independent investigation of the
22   case, conduct and complete additional legal research including for
23   potential pre-trial motions, review the discovery and potential
24   evidence in the case, and prepare for trial in the event that a
25   pretrial resolution does not occur.       Defense counsel represents that

26   failure to grant the continuance would deny him reasonable time
27   necessary for effective preparation, taking into account the exercise
28   of due diligence.
                                          4

     Case 2:21-cr-00580-MWF Document 35 Filed 05/15/23 Page 5 of 7 Page ID #:132



 1              d.    Defendant believes that failure to grant the
 2   continuance will deny him continuity of counsel and adequate

 3   representation.
 4              e.    The government does not object to the continuance.
 5              f.    The requested continuance is not based on congestion
 6   of the Court’s calendar, lack of diligent preparation on the part of
 7   the attorney for the government or the defense, or failure on the
 8   part of the attorney for the Government to obtain available
 9   witnesses.
10        7.    For purposes of computing the date under the Speedy Trial
11   Act by which defendant’s trial must commence, the parties agree that
12   the time period of June 13, 2023, to November 28, 2023, inclusive,
13   should be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A),
14   (h)(7)(B)(i) and (h)(7)(B)(iv) because the delay results from a
15   continuance granted by the Court at defendant’s request, without
16   government objection, on the basis of the Court’s finding that:
17   (i) the ends of justice served by the continuance outweigh the best
18   interest of the public and defendant in a speedy trial; (ii) failure
19   to grant the continuance would be likely to make a continuation of
20   the proceeding impossible, or result in a miscarriage of justice; and
21   iii failure to grant the continuance would unreasonably deny
22   defendant continuity of counsel and would deny defense counsel the
23   reasonable time necessary for effective preparation, taking into
24   account the exercise of due diligence.
25        8.    Nothing in this stipulation shall preclude a finding that

26   other provisions of the Speedy Trial Act dictate that additional time
27   periods be excluded from the period within which trial must commence.
28   Moreover, the same provisions and/or other provisions of the Speedy
                                          5

     Case 2:21-cr-00580-MWF Document 35 Filed 05/15/23 Page 6 of 7 Page ID #:133



 1   Trial Act may in the future authorize the exclusion of additional
 2   time periods from the period within which trial must commence.

 3        IT IS SO STIPULATED.
 4   Dated: April 26, 2023                Respectfully submitted,
 5                                        E. MARTIN ESTRADA
                                          United States Attorney
 6
                                          SCOTT M. GARRINGER
 7                                        Assistant United States Attorney
                                          Chief, Criminal Division
 8
 9                                              /s/
                                          KERRY L. QUINN
10                                        Assistant United States Attorney
11                                        Attorneys for Plaintiff
                                          UNITED STATES OF AMERICA
12
13        I am ABDUL-MALIK MCCLAIN’s attorney.        I have carefully discussed
14   every part of this stipulation and the continuance of the trial date
15   with my client. I have fully informed my client of his Speedy Trial
16   rights.   To my knowledge, my client understands those rights and
17   agrees to waive them.     I believe that my client’s decision to give up
18   the right to be brought to trial earlier than November 28, 2023 is an
19   informed and voluntary one.
20
                                                            May 2, 2023
21   JUSTIN A. PALMER, ESQ.                       Date
     Attorney for Defendant
22   ABDUL-MALIK MCCLAIN
23
24        I have read this stipulation and have carefully discussed it
25   with my attorney. I understand my Speedy Trial rights.               I voluntarily
26   agree to the continuance of the trial date and give up my right to be
27   brought to trial earlier than November 28, 2023. I understand that I
28   will be ordered to appear in Courtroom 5A of the Federal Courthouse,
                                          6

Case 2:21-cr-00580-MWF Document 35 Filed 05/15/23 Page 7 of 7 Page ID #:134

File and source

File

35.pdf

Size

3,646,336 bytes

SHA-256

50cccdf9a4f89716eca2ff291d0ea9c91eff38a2ca567f3891a9797fb5853622

Our copy

35.pdf