Stipulation and Order to Adjourn Preliminary Hearing — United States v. Java Carter (E.D. Mich.)

Summary

A stipulation to adjourn the preliminary hearing and for determination of excludable delay under the Speedy Trial Act, with an order, filed April 3, 2023 as ECF No. 25 in United States of America v. Java Carter, No. 22-mj-30125, in the U.S. District Court for the Eastern District of Michigan. The government and the defendant ask that the preliminary hearing set for April 4, 2023 be moved to July 11, 2023, citing preindictment plea negotiations and reassignment of the prosecution to new government counsel. They also ask for an ends-of-justice continuance of the 30-day arrest-to-indictment period under 18 U.S.C. § 3161(h)(7). The order signed by United States Magistrate Judge Kimberly G. Altman grants the adjournment and deems the period from April 4, 2023 to July 11, 2023 excludable delay.

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

Full text

     Case 2:22-mj-30125-DUTY ECF No. 25, PageID.95 Filed 04/03/23 Page 1 of 7




                       UNITED STATES DISTRICT COURT
                       EASTERN DISTRICT OF MICHIGAN
                            SOUTHERN DIVISION

United States of America,

                    Plaintiff,                       No. 22-mj-30125
-vs-

Java Carter,

                    Defendant.
                                        /

     STIPULATION TO ADJOURN PRELIMINARY HEARING AND FOR
          DETERMINATION OF EXCLUDABLE DELAY UNDER
           THE SPEEDY TRIAL ACT AND SUPPORTING BRIEF


        The United States of America, by and through its undersigned attorneys, and

defendant Java Carter, through his attorney, move for an adjournment of the

preliminary hearing to July 11, 2023, and an ends-of-justice continuance under the

Speedy Trial Act. In support, the parties state as follows:


1.      Defendant was arrested on the criminal complaint in this case on March 15,

2022, and he made his initial appearance on the criminal complaint on March 16,

2022. Defendant was released on a $10,000 unsecured bond. The preliminary

hearing is currently scheduled to take place on April 4, 2023.

2.      The government and defendant are engaged in preindictment plea

negotiations that may result in a plea agreement which will eliminate the need for
     Case 2:22-mj-30125-DUTY ECF No. 25, PageID.96 Filed 04/03/23 Page 2 of 7




this Court to conduct a preliminary hearing. A preindictment plea agreement will

also provide that defendant waive her right to be prosecuted by indictment and thus

eliminate the need for the government to seek an indictment and consume grand

jury resources. In addition, a preindictment plea agreement will also eliminate the

need for a trial.

3.      A part of the plea negotiations involves defense counsel’s assessment of the

government’s case against defendant. This assessment requires that defense

counsel have the reasonable time necessary to adequately review the information

provided and/or to be provided by the government and then confer with defendant.

4.      In addition, prior government counsel of record, Craig Weier, retired

effective February 28, 2023. The prosecution was recently reassigned to

undersigned counsel, who now needs time to conduct an independent review of the

file and resume negotiations with defense counsel.

5.      In light of the above, the parties submit there is good cause to adjourn the

preliminary hearing. Moreover, defendant has consented to this adjournment, and

the adjournment sought is fairly limited. See Fed. R. Crim. P. 5.1(d) (“With the

defendant’s consent and upon a showing of good cause – taking into account the

public interest in the prompt disposition of criminal cases – a magistrate judge may

extend the time limits in Rule 5.1(c) one or more times.”).

6.      In addition, in light of the above, the parties submit that the ends of justice
                                            -2-
     Case 2:22-mj-30125-DUTY ECF No. 25, PageID.97 Filed 04/03/23 Page 3 of 7



served by a continuance of the 30-day arrest-to-indictment period under the Speedy

Trial Act will outweigh the best interest of the public and the defendant in a speedy

indictment. See 18 U.S.C. § 3161(h)(7) (“The following periods of delay shall be

excluded in computing the time within which an information or an indictment must

be filed: . . . (7) Any period of delay resulting from a continuance granted by any

judge on his own motion or at the request of the defendant or his counsel, or at the

request of the attorney for the Government, if the judge granted such continuance

on the basis of his findings that the ends of justice served by taking such action

outweigh the best interest of the public and the defendant in a speedy

[indictment].”). Such a continuance would allow the parties to continue their

preindictment plea negotiations without strict time constraints and pursue an

expeditious and fair resolution of the government’s prosecution of defendant. It

would also likely result in the conservation of judicial and prosecutorial resources

by eliminating the need for a preliminary hearing and in the conservation of grand

jury and prosecutorial resources by eliminating the need for defendant to be

prosecuted by way of a grand jury indictment. And it would also likely result in the

conservation of judicial and prosecutorial resources by eliminating the need for a

trial.

7.       Accordingly, the parties request that this Court find there is good cause to

adjourn the preliminary hearing in this case and order that the preliminary hearing
                                         -3-
  Case 2:22-mj-30125-DUTY ECF No. 25, PageID.98 Filed 04/03/23 Page 4 of 7



be adjourned from April 4, 2023 to July 11, 2023. The parties also request that

this Court find, based on the information and explanation set forth above, that the

ends of justice served by a continuance of the 30-day Speedy Trial Act arrest-to-

indictment period will outweigh the best interest of the public and the defendant in a

speedy indictment. The parties request that this ends-of-justice continuance begin on

the date of this motion and continue through July 11, 2023, and that period be

deemed excludable delay pursuant to 18 U.S.C. § 3161(h)(7).

Respectfully submitted,

Dawn N. Ison
United States Attorney

 s/ Ryan A. Particka                          s/ Vincent J. Haisha (with consent)
 Ryan A. Particka                            Vincent J. Haisha
 Assistant United States Attorney            Attorney for Java Carter
 211 W. Fort Street, Suite 2001              155 W. Congress Street, Suite 603
 Detroit, MI 48226                           Detroit, MI 48226
 (313) 226-9635                              248.547.1032
 ryan.particka@usdoj.gov                     vhaisha@floodlaw.com



Dated: April 3, 2023




                                         -4-
  Case 2:22-mj-30125-DUTY ECF No. 25, PageID.99 Filed 04/03/23 Page 5 of 7




                      UNITED STATES DISTRICT COURT
                      EASTERN DISTRICT OF MICHIGAN
                           SOUTHERN DIVISION

United States of America,

                    Plaintiff,                 No. 22-mj-30125
-vs-

Java Carter,

                    Defendant.
                                         /


                                       ORDER

       This matter coming before the Court on the parties’ Stipulation to Adjourn

Preliminary Hearing and for Determination of Excludable Delay under the Speedy

Trial Act, and, for the reasons stated in the parties’ joint motion, the adjournment is

granted.

       The Court finds, based on the information and explanation set forth in the

stipulation, that there is good cause to adjourn the preliminary hearing in this case

and orders that it be adjourned from April 4, 2023 to July 11, 2023. See Fed.R.

Crim. P. 5.1(d).

Specifically, the Court finds:

   1. The government and defendant are engaged in preindictment plea

       negotiations that may result in a plea agreement which will eliminate the
  Case 2:22-mj-30125-DUTY ECF No. 25, PageID.100 Filed 04/03/23 Page 6 of 7




      need for this Court to conduct a preliminary hearing. A preindictment plea

      agreement will also provide that defendant waive her right to be prosecuted

      by indictment and thus eliminate the need for the government to seek an

      indictment and consume grand jury resources. In addition, a preindictment

      plea agreement will also eliminate the need for a trial.

   2. A part of the plea negotiations involves defense counsel’s assessment of

      the government’s case against defendant. This assessment requires that

      defense counsel have the reasonable time necessary to adequately

      review the information provided and/or to be provided by the

      government and then confer with defendant.

   3. In addition, prior government counsel of record, Craig Weier, retired

      effective February 28, 2023. The prosecution was recently reassigned

      to undersigned counsel, who now needs time to conduct an independent

      review of the file and resume negotiations with defense counsel.

      In addition, for the reasons stated in the parties’ stipulation, the Court finds,

based on the information and explanation set forth in the parties’ stipulation, that

the ends of justice served by a continuance of the 30-day Speedy Trial Act arrest-

to-indictment period will outweigh the best interest of the public and the defendant

in a speedy indictment. See 18 U.S.C. § 3161(h)(7). Accordingly, the Court grants

a continuance until July 11, 2023, and orders that the period from
                                        -2-
  Case 2:22-mj-30125-DUTY ECF No. 25, PageID.101 Filed 04/03/23 Page 7 of 7




April 4, 2023 to July 11, 2023 be deemed excludable delay pursuant to 18 U.S.C.§

3161(h)(7).




                                            s/Kimberly G. Altman
                                            Kimberly G. Altman
                                            United States Magistrate Judge

Dated: April 3, 2023




                                      -3-


File and source

File

gov.uscourts.mied.360415.25.0.pdf

Size

207,975 bytes

SHA-256

4ad77393f4f1b967b46d391f9e65b8ecaafd6a2bc77a62985daa2f54822fe40e

Our copy

gov.uscourts.mied.360415.25.0.pdf

Original

PACER (login required)