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Home Court filings U.S. v. Bock Feeding Our Future Order - Us V Bock Feeding Our Future

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Order - Us V Bock Feeding Our Future

Summary

An order of Magistrate Judge Tony N. Leung in United States v. Bock et al., No. 0:22-cr-00223-NEB-DTS, in the U.S. District Court for the District of Minnesota, filed December 19, 2023 as Doc. 199, addressing defendants Salim Ahmed Said, Abdi Nur Salah, Ahmed Mohamed Artan, Abdikadir Ainanshe Mohamud and Ahmed Abdullahi Ghedi. The order grants four motions to extend the December 15, 2023 pretrial motions deadline, setting new deadlines of December 22, 2023 for Said, Mohamud and Ghedi and December 29, 2023 for Salah. It directs counsel for Artan to file a letter by December 22, 2023 if no motions will be filed. Citing 18 U.S.C. § 3161(h), it excludes the time from the order through December 29, 2023 from Speedy Trial Act computations and keeps other dates in ECF No. 170 in effect.

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No. 0:22-cr-00223-NEB-DTS · Doc. 199 · Docket on CourtListener

Full text

       CASE 0:22-cr-00223-NEB-DTS               Doc. 199     Filed 12/19/23     Page 1 of 5




                             UNITED STATES DISTRICT COURT
                                DISTRICT OF MINNESOTA


United States of America,                                  Case No. 22-cr-223 (NEB/TNL)

                Plaintiff,

v.                                                                    ORDER

Salim Ahmed Said (3),
Abdi Nur Salah (6),
Ahmed Mohamed Artan (8),
Abdikadir Ainanshe Mohamud (9), and
Ahmed Abdullahi Ghedi (13),

                Defendants.


       In the Second Amended Arraignment Notice & Case Management Order, the

Court set a deadline of December 15, 2023, to file pretrial motions or a letter stating that

no motions would be filed. ECF No. 170 at 4. Before the Court are four timely motions

for extensions of that deadline by Defendants Salim Ahmed Said, Abdi Nur Salah,

Abdikadir Ainanshe Mohamud, and Ahmed Abdullahi Ghedi. See generally ECF Nos.

181, 176, 184, 182. Defendant Ahmed Mohamed Artan has neither filed pretrial motions

nor a letter.

       This      matter      was   previously    designated     complex       under   18   U.S.C.

§ 3161(h)(7)(B)(ii). See generally ECF No. 95. Salim Ahmed Said seeks a one-week

extension due to needing additional time to consult with counsel. Salim Ahmed Said met

and conferred with the Government regarding his request, and the Government has no

objection.      Abdi Nur Salah seeks a two-week extension due to defense counsel


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      CASE 0:22-cr-00223-NEB-DTS         Doc. 199      Filed 12/19/23   Page 2 of 5




experiencing a personal matter that has now resolved. Abdi Nur Salah also met and

conferred with the Government and the Government has no objection.             Abdikadir

Ainanshe Mohamud seeks a one-week extension due to defense counsel experiencing a

personal matter and was not able to obtain the Government’s position before filing.

Ahmed Abdullahi Ghedi seeks a one-week extension based on technical difficulties

accessing the discovery and was not able to obtain the Government’s position before

filing. By e-mail correspondence, the Government has indicated that it takes no position

on Abdikadir Ainanshe Mohamud and Ahmed Abdullahi Ghedi’s requests. No other

modifications of the existing deadlines have been requested.

      Bearing in mind the complexity of this case, the voluminous discovery, the

absence of any objection to the requested continuance, and the existence of good cause

shown, the Court finds pursuant to 18 U.S.C. § 3161(h) that the ends of justice served by

granting a continuance outweigh the best interests of the public and Defendants in a

speedy trial and such continuances are necessary to provide Salim Ahmed Said, Abdi Nur

Salah, Abdikadir Ainanshe Mohamud, Ahmed Abdullahi Ghedi, and their counsel

reasonable time necessary for effective preparation.

      Based on the foregoing, IT IS HEREBY ORDERED that:

      1.     As to Ahmed Mohamed Artan, counsel must electronically file a letter on

or before December 22, 2023, if no motions will be filed and there is no need for

hearing.




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        CASE 0:22-cr-00223-NEB-DTS       Doc. 199     Filed 12/19/23   Page 3 of 5




        2.    Salim Ahmed Said’s Motion to Continue Motions Deadline, ECF No. 181,

is GRANTED. As to Salim Ahmed Said, an extension is granted until December 22,

2023.

        3.    Abdi Nur Salah’s Motion to Continue Defendant’s Motion Filing Deadline,

ECF No. 176, is GRANTED. As to Abdi Nur Salah, an extension is granted until

December 29, 2023.

        4.    Abdikadir Ainanshe Mohamud’s Motion for Extension of Time to File

Motions, ECF No. 184, is GRANTED.            As to Abdikadir Ainanshe Mohamud, an

extension is granted until December 22, 2023.

        5.    Ahmed Abdullahi Ghedi’s Motion for Extension of Time to File Pretrial

Motions, ECF No. 182, is GRANTED. As to Ahmed Abdullahi Ghedi, an extension is

granted until December 22, 2023.

        6.    This Court previously issued an Order on Pretrial Disclosure &

Preservation, ECF No. 111, which “proactively addresse[d] certain non-dispositive

motions that are commonly filed in the District of Minnesota, which seek discovery,

notice of intent to introduce certain types of evidence, preservation of rough notes, and

disclosure of evidence favorable to a defendant under Brady v. Maryland, 373 U.S. 83

(1963), and related authorities.” ECF No. 111 at 3. “These motions often seek relief that

is already required by the Federal Rules of Criminal Procedure, Federal Rules of

Evidence, and federal law.” ECF No. 111 at 3. “To promote the efficient management of

these related cases, the Court issue[d the Order on Pretrial Disclosure & Preservation] to

preemptively address such matters without the need for each defendant to file multiple

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          CASE 0:22-cr-00223-NEB-DTS                 Doc. 199        Filed 12/19/23         Page 4 of 5




motions on these subjects.” ECF No. 111 at 3. Before filing any pretrial motions, a

party shall consult the prior Order on Pretrial Disclosure & Preservation.

          7.     As to Salim Ahmed Said, Abdi Nur Salah, Abdikadir Ainanshe

Mohamud, and Ahmed Abdullahi Ghedi, all motions in the above-entitled case must be

filed and served consistent with Federal Rules of Criminal Procedure 12(b) and 47 on or

before the deadlines set forth above as to each defendant. 1                               See D. Minn. LR

12.1(c)(1). Two courtesy copies of all motions and responses must be delivered directly

to the chambers of Magistrate Judge Tony N. Leung. 2

          8.     As to Salim Ahmed Said, Abdi Nur Salah, Abdikadir Ainanshe

Mohamud, and Ahmed Abdullahi Ghedi, counsel must electronically file a letter on or

before the deadlines set forth above as to each defendant, if no motions will be filed

and there is no need for hearing.

          9.     Except as set forth herein, all other dates in the Second Amended

Arraignment Notice & Case Management Order, ECF No. 170, remain in full force and

effect.

          10.    The period of time from the date of this Order through December 29,

2023, shall be excluded from Speedy Trial Act computations in this case. See United

States v. Mallett, 751 F.3d 907, 911 (8th Cir. 2014) (“Exclusions of time attributable to

one defendant apply to all codefendants.” (quotation omitted)); United States v.

Arrellano-Garcia, 471 F.3d 897, 900 (8th Cir. 2006) (same).
1
        “Before filing a motion under Fed. R. Crim. P. 12(b), the moving party must confer with the responding
party. The parties must attempt in good faith to clarify and narrow the issues in dispute.” D. Minn. LR 12.1(b).
2
        U.S. Mail or hand-deliver to 300 South Fourth Street, Suite 9W, Minneapolis, MN 55415.


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        CASE 0:22-cr-00223-NEB-DTS       Doc. 199    Filed 12/19/23    Page 5 of 5




        11.   Should a party request modification of this schedule, any response to

such a request shall be filed within three days.

        12.   All prior consistent orders relating to the Indictment remain in full force

and effect.

        13.   Failure to comply with any provision of this Order or any other prior

consistent Order shall subject the non-complying party, non-complying counsel and/or

the party such counsel represents to any and all appropriate remedies, sanctions and the

like.



Date: December     19   , 2023                         s/ Tony N. Leung
                                                Tony N. Leung
                                                United States Magistrate Judge
                                                District of Minnesota

                                                United States v. Bock et al.
                                                Case No. 22-cr-223 (NEB/TNL)




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