Motion to Exclude Time — United States v. David Staveley

Date: 2020-05-05

Source document: Motion to Exclude Time — United States v. David Staveley; document type: Motion to exclude time under the Speedy Trial Act.

Full text

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF RHODE ISLAND

UNITED STATES OF AMERICA

v.
DAVID STAVELEY,
a/k/a “Kurt Sanborn”

Case No. 1:20-MJ-00033LDA

MOTION TO EXCLUDE TIME
UNDER THE SPEEDY TRIAL ACT

The United States moves to exclude the period beginning on May 5, 2020 and extending
through June 30, 2020 from the period within which an indictment or information must be filed
against Defendant under 18 U.S.C. § 3161(b). This is the first motion for exclusion sought in
this case. As grounds for this motion, the United States notes the following:

1.
Current counsel for Defendant has advised that Defendant is in the process of
retaining a private attorney and that he therefore does not feel comfortable agreeing to a
continuance of the Speedy Trial clock at this time.

2.
On March 19, 2020, the District Court for the District of Rhode Island entered a
General Order cancelling all juries and grand juries due to the COVID-19 pandemic through
May 2020. On May 6, 2020, the Court entered an Order extending the cancellation of grand
juries until June 30, 2020. The Court specifically ordered that due to the unavailability of grand
juries during the months of May and June 2020, the 30 day period for filing an Indictment is
tolled for each defendant pursuant to 18 U.S.C. § 3161(b).

3.
As there are no grand juries available until at least July 2020, the United States
has no means of presenting the case against Defendant to a grand jury for the consideration of an
indictment. Although the time from defendant’s arrest on May 5, 2020 until June 30, 2020 is
excluded by the Court’s General Orders, to preserve a proper record, the United States
respectfully requests that the Court enter an order tolling the Speedy Trial Act time periods in
each individual case.

The United States submits that the ends of justice will be served by excluding the
aforementioned time period and that such ends of justice and interests of Defendant outweigh
any interest Defendant or the public may have in a speedy indictment and/or trial.

Case 1:20-cr-00074-WES-LDA Document 17 Filed 05/21/20 Page 1 of 3 PageID #: 85

Respectfully submitted,

AARON L. WEISMAN

United States Attorney

/s/ Lee Vilker

LEE VILKER
Assistant U. S. Attorney,

U. S. Attorney's Office

50 Kennedy Plaza, 8th Floor

Providence, RI 02903

401-709-5000, 401-709-5001 (fax)

Case 1:20-cr-00074-WES-LDA Document 17 Filed 05/21/20 Page 2 of 3 PageID #: 86

CERTIFICATE OF SERVICE

I hereby certify that on this 21st day of May, 2020, I caused the Motion To Exclude Time
Under the Speedy Trial Act to be filed electronically and it is available for viewing and
downloading from the ECF system.

Electronic Notification:
George West, Esq.