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. 44, C.D. Cal.)

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A stipulation filed March 13, 2024 as Document 44 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 parties state that the trial date has already been continued from February 15, 2022 to April 30, 2024, and the defendant asks for a further continuance to a proposed trial date of July 23, 2024. They ask that April 30, 2024 to July 23, 2024 be excluded under the Speedy Trial Act. McClain is charged with ten counts of mail fraud and two counts of aggravated identity theft, and discovery runs to approximately 45,000 pages. Defense counsel lists other trials, depositions and hearings through August 19, 2024; the government does not object.

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Case 2:21-cr-00580-MWF Document 44 Filed 03/13/24 Page 1 of 6 Page ID #:156



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.                    [PROPOSED] TRIAL DATE: 07-23-2024
                                             PRETRIAL CONFERENCE: 07-15-2024
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 44 Filed 03/13/24 Page 2 of 6 Page ID #:157



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 April 30, 2024, 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.    Defendant is requesting a further continuance based upon
13   the following facts, which the parties believe demonstrate good cause
14   to support the appropriate findings under the Speedy Trial Act:
15              a.    Defendant is charged with ten counts of mail fraud in
16   violation of 18 U.S.C. § 1341 and two counts of aggravated identity
17   theft in violation of 18 U.S.C. § 1028A.        The government has produced
18   discovery to the defense, including approximately 45,000 pages of

19   documents (some of which constitute recordings and other electronic

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

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

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

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

24   from the California Employment Development Department, and documents

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

26   additional discovery as necessary in accordance with its discovery

27   obligations.

28

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     Case 2:21-cr-00580-MWF Document 44 Filed 03/13/24 Page 3 of 6 Page ID #:158



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

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

3    reviewing the discovery and conducting his own investigation.

4    Defense counsel has other active matters preventing full preparation

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

6                     i.         March 10-11, 2024: Diaz v. Elizarraras,

7    2:21-cv-01944-CKD (E.D. Cal.), Depositions

8                     ii.        March 18-20, 2024: Pacheco v. Toor, et al.,

9    23LBCV00868 (Cal. Sup. Ct. Los Angeles County), Depositions
10                    iii.       March 25-29, 2024: Glazier v. County of Los
11   Angeles, et al., 2:20-cv-00924-SSS-RAO (C.D. Cal.), Jury Trial

12                    iv.        April 8, 2024: Duclos v. Elie, 22STCV33581,

13   (Cal. Sup. Ct. Los Angeles County), Hearing on Motion for Summary

14   Judgment

15                    v.         April 19-20, 2024: State Bar of California

16   Commission on Judicial Nominations and Evaluation Commitment;

17                    vi.        May 13, 2024: Robinson v. City of Burbank,

18   et al., 2:23-cv-01711-JAK-AS (C.D. Cal.), Post Mediation Status

19   Conference;

20                    vii.       June 2, 2024; Duclos v. Elie, 22STCV33581

21   (Cal. Sup. Ct. Los Angeles County), Jury Trial

22                    viii.      June 27, 2024: Saldana v. Passwaters, 2:18-

23   cv-00319-DJC-AC (E.D. Cal.), Pretrial conference

24                    ix.        August 8, 2024: Smith v. County of Los

25   Angeles, 5:21-cv-00290-MEMF-SHK (C.D. Cal.), Jury Trial

26                    x.         August 19, 2024: Saldana v. Passwaters,

27   2:18-cv-00319-DJC-AC (E.D. Cal.), Jury Trial

28

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     Case 2:21-cr-00580-MWF Document 44 Filed 03/13/24 Page 4 of 6 Page ID #:159



1               c.     In light of the foregoing, defense counsel also

2    represents that additional time is necessary to confer with

3    defendant, conduct and complete an independent investigation of the

4    case, conduct and complete additional legal research including for

5    potential pre-trial motions, review the discovery and potential

6    evidence in the case, and prepare for trial in the event that a

7    pretrial resolution does not occur.       Defense counsel represents that

8    failure to grant the continuance would deny him reasonable time

9    necessary for effective preparation, taking into account the exercise
10   of due diligence.
11              d.     Defendant believes that failure to grant the
12   continuance will deny him continuity of counsel and adequate
13   representation.
14              e.     The government does not object to the continuance.
15              f.     The requested continuance is not based on congestion
16   of the Court’s calendar, lack of diligent preparation on the part of
17   the attorney for the government or the defense, or failure on the
18   part of the attorney for the government to obtain available

19   witnesses.

20        6.    For purposes of computing the date under the Speedy Trial

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

22   the time period of April 30, 2024, to July 23, 2024, inclusive,

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

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

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

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

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

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

                                          4

     Case 2:21-cr-00580-MWF Document 44 Filed 03/13/24 Page 5 of 6 Page ID #:160



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

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

3    iii failure to grant the continuance would unreasonably deny

4    defendant continuity of counsel and would deny defense counsel the

5    reasonable time necessary for effective preparation, taking into

6    account the exercise of due diligence.

7         7.    Nothing in this stipulation shall preclude a finding that

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

9    periods be excluded from the period within which trial must commence.
10   Moreover, the same provisions and/or other provisions of the Speedy
11   Trial Act may in the future authorize the exclusion of additional
12   time periods from the period within which trial must commence.
13        IT IS SO STIPULATED.
14                               Respectfully submitted,
15
                                 E. MARTIN ESTRADA
16                               United States Attorney
17
                                 MACK E. JENKINS
18                               Assistant United States Attorney
                                 Chief, Criminal Division
19
     03/12/2024                  __/s/ Kerry L. Quinn__________
20   DATE                        KERRY L. QUINN
                                 Assistant United States Attorney
21                               Attorneys for Plaintiff
22                               United States of America

23   I, AUSA Kerry L. Quinn, as the filer of this document do hereby
     attest that the other signatory listed, and on whose behalf the
24   filing is submitted, Justin Palmer, Esq., concurs in the filing’s
     content and has authorized the filing.
25

26   03/12/2024                   /s/ by email permission
     DATE                        JUSTIN PALMER, ESQ.
27                               Attorney for Defendant
                                 ABDUL-MALIK MCCLAIN
28

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     Case 2:21-cr-00580-MWF Document 44 Filed 03/13/24 Page 6 of 6 Page ID #:161



1         I am ABDUL-MALIK MCCLAIN’s attorney.        I have carefully discussed

2    every part of this stipulation and the continuance of the trial date

3    with my client. I have fully informed my client of his Speedy Trial

4    rights.   To my knowledge, my client understands those rights and

5    agrees to waive them.     I believe that my client’s decision to give up

6    the right to be brought to trial earlier than July 23, 2024, is an

7    informed and voluntary one.

8

9    JUSTIN PALMER, ESQ.                          Date
     Attorney for Defendant
10   ABDUL-MALIK MCCLAIN
11

12        I have read this stipulation and have carefully discussed it
13   with my attorney. I understand my Speedy Trial rights.          I voluntarily
14   agree to the continuance of the trial date and give up my right to be
15   brought to trial earlier than July 23, 2024. I understand that I will
16   be ordered to appear in Courtroom 5A of the Federal Courthouse, 350
17   W. 1st Street, Los Angeles, California on July 23, 2024, at 8:30 am.
18

19   ABDUL-MALIK MCCLAIN                          Date
     Defendant
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