Stipulation Regarding Continuance of Trial Date — United States v. Baines (No. 2:20-cr-00522, filed 04/12/22)

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 55, Case 2:20-cr-00522-MWF, filed 04/12/22, signed /s/ Ranee A. Katzenstein and dated April 12, 2022. The caption lists a current trial date of 05-10-2022 and a proposed trial date of 07-12-2022. It names Deputy Federal Public Defenders David Wasserman and Ashley S. Mahmoudian as counsel for the defendant. It recounts that the Indictment was filed on October 27, 2020 (Dkt No. 11), and that on November 5, 2020, the Court set a trial date of December 29, 2020 and a status conference date of November 23, 2020.

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 2:20-cr-00522-MWF Document 55 Filed 04/12/22 Page 1 of 6 Page ID #:305



 1   TRACY L. WILKISON
     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
 9
     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:        05-10-2022
                                            PROPOSED TRIAL DATE:       07-12-2022
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, Deputy

26   Federal Public Defenders David Wasserman and Ashley S. Mahmoudian,

27   hereby stipulate as follows:

28
     Case 2:20-cr-00522-MWF Document 55 Filed 04/12/22 Page 2 of 6 Page ID #:306



 1          1.   The Indictment in this case was filed on October 27, 2020.

 2   (Dkt No. 11.)    Defendant first appeared before a judicial officer of

 3   the court in which the charges in this case were pending on October

 4   16, 2020.    (Dkt. No. 5.)   The Speedy Trial Act, 18 U.S.C. § 3161,

 5   originally required that the trial begin on or before January 5,

 6   2021.

 7          2.   On November 5, 2020, the Court set a trial date of

 8   December 29, 2020, and status conference date of November 23, 2020.

 9   (Dkt. No. 19.)    On November 18, 2020, the Court vacated the status

10   conference date on its own motion. (Dkt. No. 20.)          On December 10,

11   2020, the Court continued the trial to February 23, 2021, and found

12   the interim period to be excluded in computing the time within which

13   the trial must commence, pursuant to the Speedy Trial Act.           (Dkt.

14   No. 24.)    On February 8, 2021, the Court continued the trial to May

15   4, 2021, and found the interim period to be excluded in computing

16   the time within which the trial must commence, pursuant to the

17   Speedy Trial Act.    (Dkt. No. 41.)        On April 19, 2021, the Court

18   continued the trial to September 21, 2021, and found the interim

19   period to be excluded in computing the time within which the trial

20   must commence, pursuant to the Speedy Trial Act.         (Dkt. No. 45.)       On

21   August 23, 2021, the Court continued the trial to December 7, 2021,

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

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

24   Act.    (Dkt. No. 49.)   On November 5, 2021, the Court continued the

25   trial to May 10, 2022, and found the interim period to be excluded

26   in computing the time within which the trial must commence, pursuant

27   to the Speedy Trial Act.     (Dkt. No. 52.)

28

                                            2
     Case 2:20-cr-00522-MWF Document 55 Filed 04/12/22 Page 3 of 6 Page ID #:307



 1        3.    Defendant is detained pending trial. (Dkt. No. 6.)          The

 2   government estimates that its case-in-chief in this matter will last

 3   approximately three days.

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

 5   date to July 12, 2022, and the status conference/motion hearing date

 6   to June 13, 2022.    This is defendant’s fourth request for a

 7   continuance.

 8        5.    Defendant requests the continuance based upon the

 9   following facts, which the parties believe demonstrate good cause to

10   support the appropriate findings under the Speedy Trial Act:

11              a.    Defendant is charged with violations of Title 18,

12   United States Code, Sections 1341 (Mail Fraud), 1029(a)(2) (Use of

13   Unauthorized Access Devices), 1028A(a)(1) (Aggravated Identity

14   Theft) and 2314 (Interstate Transportation of Stolen Property).               The

15   government has produced discovery to the defense, including written

16   reports, photographs, and other documents, as well as additional

17   discovery obtained from the Las Vegas Police Department, including

18   several videos from a traffic stop involving defendant.

19              b.    Defense counsel Ashley Mahmoudian represents that she

20   is currently scheduled to be in trial in the following case: United

21   States v. Owings, No. CR 20-135-JGB, a theft of government property,

22   social security fraud, and false statements case scheduled for trial

23   on June 7, 2022.    Defense counsel David Wasserman, who filed his

24   notice of appearance on April 6, 2022, represents that he is

25   currently scheduled to be in trial in the following cases: United

26   States v. Parkins, No. CR 21-175-FLA, an aiming a laser pointer at

27   an aircraft case scheduled for trial on May 24, 2022; and United

28

                                            3
     Case 2:20-cr-00522-MWF Document 55 Filed 04/12/22 Page 4 of 6 Page ID #:308



 1   States v. Guzman, No. CR 21-213-DMG, a felon-in-possession of a

 2   firearm case scheduled for trial on June 7, 2022.

 3              c.     In light of the foregoing, counsel for defendant also

 4   represent that additional time is necessary to confer with

 5   defendant, conduct and complete an independent investigation of the

 6   case, conduct and complete additional legal research including for

 7   potential pretrial motions, review the discovery and potential

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

 9   pretrial resolution does not occur.        Defense counsel represent that

10   failure to grant the continuance would deny them the reasonable time

11   necessary for effective preparation, taking into account the

12   exercise of due diligence.      Defense counsel affirmatively represent

13   that they believe the earliest they could be ready for trial is the

14   date requested herein; they do not, and cannot, represent that they

15   will unequivocally be ready on that date.

16              d.     Defendant believes that failure to grant the

17   continuance will deny him continuity of counsel and adequate

18   representation.

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

20   the date under the Speedy Trial Act by which defendant’s trial must

21   commence, the parties agree that the time period of May 10, 2022, to

22   July 12, 2022, inclusive, should be excluded pursuant to 18 U.S.C.

23   § 3161(h)(7)(A), (B)(i), and (B)(iv) because the delay results from

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

25   government objection, on the basis of the Court’s findings that:

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

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

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

                                            4
     Case 2:20-cr-00522-MWF Document 55 Filed 04/12/22 Page 5 of 6 Page ID #:309



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

 2   and (iii) failure to grant the continuance would unreasonably deny

 3   defendant continuity of counsel and would deny defense counsel the

 4   reasonable time necessary for effective preparation, taking into

 5   account the exercise of due diligence.

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

 7   other provisions of the Speedy Trial Act dictate that additional

 8   time periods be excluded from the period within which trial must

 9   commence.   Moreover, the same provisions and/or other provisions of

10   the Speedy Trial Act may in the future authorize the exclusion of

11   additional time periods from the period within which trial must

12   commence.

13        IT IS SO STIPULATED

14   Dated: April 12, 2022               Respectfully submitted,

15                                       TRACY L. WILKISON
                                         United States Attorney
16
                                         SCOTT M. GARRINGER
17                                       Assistant United States Attorney
                                         Chief, Criminal Division
18

19                                             /s/
                                         RANEE A. KATZENSTEIN
20                                       ALEXANDER B. SCHWAB
                                         Assistant United States Attorneys
21
                                         Attorneys for Plaintiff
22                                       UNITED STATES OF AMERICA

23   //

24   //

25

26

27

28

                                            5
Case 2:20-cr-00522-MWF Document 55 Filed 04/12/22 Page 6 of 6 Page ID #:310


File and source

File

55.pdf

Size

231,206 bytes

SHA-256

9e58d4628d4c042722bc874a23c48fbef7412154261817907166409b8085cf43

Our copy

55.pdf

Original

No public link identified.