Stipulation Regarding Continuance of Trial Date — United States v. Baines (No. 2:20-cr-00522, filed 11/04/21)

Summary

Stipulation Regarding Request for (1) Continuance of Trial Date and (2) Findings of Excludable Time Pursuant to the Speedy Trial Act in United States v. Fontrell Antonio Baines, Document 51, Case 2:20-cr-00522-MWF, filed 11/04/21. The caption lists a current trial date of 12-07-2021 and a proposed trial date of 05-10-2022. It recounts that the Indictment was filed on October 27, 2020 (Dkt No. 11), that on November 5, 2020, the Court set a trial date of December 29, 2020, and that on November 18, 2020, the Court vacated the status conference date on its own motion. The signature block lists Ranee A. Katzenstein and Alexander B. Schwab, and the declaration of Ashley S. Mahmoudian is dated 11/4/2021.

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     Case 2:20-cr-00522-MWF Document 51 Filed 11/04/21 Page 1 of 6 Page ID #:291




 1    TRACY L. WILKISON
      Acting United States Attorney
 2    SCOTT M. GARRINGER
      Assistant United States Attorney
 3    Chief, Criminal Division
      RANEE A. KATZENSTEIN (Cal. Bar No. 187111)
 4    ALEXANDER B. SCHWAB (Cal. Bar No. 283421)
      Assistant United States Attorneys
 5    Major Frauds Section
           1100 United States Courthouse
 6         312 North Spring Street
           Los Angeles, California 90012
 7         Telephone:   (213) 894-2432/1259
           Facsimile: (213) 894-6269
 8         E-mail:     ranee.katzenstein@usdoj.gov
                       alexander.schwab@usdoj.gov
      Attorneys for Plaintiff
10    UNITED STATES OF AMERICA
11
                             UNITED STATES DISTRICT COURT
12
                       FOR THE CENTRAL DISTRICT OF CALIFORNIA
13
      UNITED STATES OF AMERICA,             No. CR 20-522-MWF
14
                Plaintiff,                  STIPULATION REGARDING REQUEST FOR
15                                          (1) CONTINUANCE OF TRIAL DATE AND
                      v.                    (2) FINDINGS OF EXCLUDABLE TIME
16                                          PURSUANT TO THE SPEEDY TRIAL ACT
      FONTRELL ANTONIO BAINES,
17       aka "Nuke Bizzle,"                 CURRENT TRIAL DATE:       12-07-2021
                                            PROPOSED TRIAL DATE:      05-10-2022
18              Defendant.
19
20         Plaintiff United States of America, by and through its counsel
21 of record, the Acting United States Attorney for the Central
22    District of California and Assistant United States Attorneys Ranee
23    A. Katzenstein and Alexander B. Schwab, and defendant Fontrell
24    Antonio Baines, also known as "Nuke Bizzle," ("defendant"), both
25    individually and by and through his counsel of record, Ashley S.
26    Mahmoudian, hereby stipulate as follows:
27         1.    The Indictment in this case was filed on October 27, 2020.
28    (Dkt No. 11.)   Defendant first appeared before a judicial officer of
     Case 2:20-cr-00522-MWF Document 51 Filed 11/04/21 Page 2 of 6 Page ID #:292




 1   the court in which the charges in this case were pending on October
 2   16, 2020.     (Dkt. No. 5.)   The Speedy Trial Act, 18 U.S.C. § 3161,
 3   originally required that the trial begin on or before January 5,

 4   2021.
 5           2.   On November 5, 2020, the Court set a trial date of
 6 December 29, 2020, and status conference date of November 23, 2020.
 7   (Dkt. No. 19.)     On November 18, 2020, the Court vacated the status
 8   conference date on its own motion. (Dkt. No. 20.)         On December 10,
 9   2020, the Court continued the trial to February 23, 2021, and found
10   the interim period to be excluded in computing the time within which
11 the trial must commence, pursuant to the Speedy Trial Act.            (Dkt.
12   No. 24.)     On February 8, 2021, the Court continued the trial to May

13   4, 2021, and found the interim period to be excluded in computing

14   the time within which the trial must commence, pursuant to the
15 Speedy Trial Act.       (Dkt. No. 41.)       On April 19, 2021, the Court
16   continued the trial to September 21, 2021, and found the interim

17   period to be excluded in computing the time within which the trial
18   must commence, pursuant to the Speedy Trial Act.          (Dkt. No. 45.)    On
19   August 23, 2021, the Court continued the trial to December 7, 2021,

20   and found the interim period to be excluded in computing the time

21   within which the trial must commence, pursuant to the Speedy Trial

22   Act.     (Dkt. No. 49.)
23           3.   Defendant is detained pending trial. (0kt. No. 6.)       The
24   government estimates that its case-in-chief in this matter will last
25   approximately three days.

26           4.   By this stipulation, defendant moves to continue the trial

27   date to May 10, 2022, and the status conference/motion hearing date

28
                                            2
     Case 2:20-cr-00522-MWF Document 51 Filed 11/04/21 Page 3 of 6 Page ID #:293




 1    to April 11, 2022.    This is defendant's third request for a
 2    continuance.

 3          5.   Defendant requests the continuance based upon the
 4    following facts, which the parties believe demonstrate good cause to
 5    support the appropriate findings under the Speedy Trial Act:
 6               a.    Defendant is charged with violations of Title 18,
 7    United States Code, Sections 1341 (Mail Fraud), 1029 (a) (2) (Use of

 8 Unauthorized Access Devices), 1028A (a) (1) (Aggravated Identity
 9    Theft) and 2314 (Interstate Transportation of Stolen Property.          The
10 government has produced discovery to the defense, including 2715
11    pages of written reports, photographs, and other documents.
12               b.    At defendant's request, the government sought and
13 obtained additional discovery from the Las Vegas Police Department,
14    including several videos from a traffic stop involving defendant.

15 Defense counsel has, thus far, been unable to review these
16    recordings with defendant due to technical issues concerning the
17 Metropolitan Detention Center's hardware.          Defense counsel is
18    currently working with information technology staff at her office to
19    determine whether the videos can be converted into a format
20 reviewable at MDC.
21               c.    Additionally, defense counsel is currently scheduled
22 to be in trial on the following dates: on December 14, 2021, in

23 United States v. Alcharihi, 20-cr-00307-GW; on February 1, 2022, in
24 United States v. Cajas, 20-cr-00340; on February 22, 2022, in United
25    States v. Owings, 20-cr-00135-FMO; on April 5, 2022, in United
26    States v. Maxey, 20-cr-00609-MWF; and on October 4, 2022, in United
27    States v. Zavala, 19-cr-00676-FMO.
28
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     Case 2:20-cr-00522-MWF Document 51 Filed 11/04/21 Page 4 of 6 Page ID #:294




 1                d.   In light of the foregoing, counsel for defendant 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 pretrial 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.        For example, defense counsel

 8   represents that addition time is necessary to obtain records from
 9   the Las Vegas Metropolitan Police Department pertaining to a traffic
10   stop of a vehicle in which defendant was a passenger.        Defense

11   counsel represents that failure to grant the continuance would deny

12   her reasonable time necessary for effective preparation, taking into

13   account the exercise of due diligence.

14                e.   Defendant believes that failure to grant the

15   continuance will deny him continuity of counsel and adequate

16   representation.

17         6.     Based on all of the foregoing, for purposes of computing

18   the date under the Speedy Trial Act by which defendant's trial must

19   commence, the parties agree that the time period of December 7,
20   2021, to May 10, 2022, inclusive, should be excluded pursuant to 18
21   U.S.C. § 3161 (h) (7) (A),   (B) (i), and (B) (iv) because the delay
22   results from a continuance granted by the Court at defendant's

23   request, without government objection, on the basis of the Court's

24   findings that:     (i) the ends of justice served by the continuance

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

26   trial;     (ii) failure to grant the continuance would be likely to make

27   a continuation of the proceeding impossible, or result in a

28   miscarriage of justice; and (iii) failure to grant the continuance

                                            4
     Case 2:20-cr-00522-MWF Document 51 Filed 11/04/21 Page 5 of 6 Page ID #:295




 1    would unreasonably deny defendant continuity of counsel and would

 2    deny defense counsel the reasonable time necessary for effective
 3    preparation, taking into account the exercise of due diligence
 4          7.    Nothing in this stipulation shall preclude a finding that
 5    other provisions of the Speedy Trial Act dictate that additional
 6    time periods be excluded from the period within which trial must

 7    commence.   Moreover, the same provisions and/or other provisions of
 8    the Speedy Trial Act may in the future authorize the exclusion of

 9    additional time periods from the period within which trial must

10    commence.
11          IT IS SO STIPULATED.
12     Dated: November 4, 2021           Respectfully submitted,
13                                       TRACY L. WILKISON
                                         Acting United States Attorney
14
                                         SCOTT M. GARRINGER
15                                       Assistant United States Attorney
                                         Chief, Criminal Division
16
17                                             / s/
                                         RANEE A. KATZENSTEIN
18                                       ALEXANDER B. SCHWAB
                                         Assistant United States Attorneys
19
                                         Attorneys for Plaintiff
20                                       UNITED STATES OF AMERICA
21 II
22    II
23
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26
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     Case 2:20-cr-00522-MWF Document 51 Filed 11/04/21 Page 6 of 6 Page ID #:296




1                        DECLARATION OF ASHLEY S. MAHMOUDIAN

2         I am Fontrell Antonio Baines's attorney.       I have carefully
3    discussed every part of this stipulation and the continuance of the
 4   trial date with my client.     I have fully informed my client of his
 5   Speedy Trial rights.     To my knowledge, my client understands those
 6   rights and agrees to waive them.      I believe that my client's
 7   decision to give up the right to be brought to trial earlier than

 8                       is informed and voluntary.

 9        Isl (per email authorization)            11/4/2021
10   ASHLEY S. MAHMOUDIAN                        Date
     Attorney for Defendant
11   FONTRELL ANTONIO BAINES

12        I have read this stipulation and have carefully discussed it
13   with my attorney.     I understand my Speedy Trial rights.      I
14   voluntarily agree to the continuance of the trial date and give up
15   my right to be brought to trial earlier than May 10, 2022.
16
17   FONTRELL ANTONIO BAINES                     Date
     Defendant
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