Order Continuing Trial Date — United States v. Natalie Le Demola et al. (Document 250)

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Order Continuing Trial Date and Findings Regarding Excludable Time Periods Pursuant to Speedy Trial Act in United States v. Natalie Le Demola et al., No. CR 22-205-JFW-1, 5, 11, filed September 7, 2022 as Document 250. Based on the stipulation filed September 6, 2022, the Court finds good cause and also finds the case so unusual and complex, due to the nature of the prosecution and the number of defendants, that preparation within the usual time limits is unreasonable. It continues the trial from September 6, 2022 to April 18, 2023, with a status conference on April 3, 2023.

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     Case 2:22-cr-00205-JFW Document 250 Filed 09/07/22 Page 1 of 3 Page ID #:790



 1   STEPHANIE S. CHRISTENSEN
     Acting United States Attorney
 2   SCOTT M. GARRINGER
     Assistant United States Attorney
 3   Chief, Criminal Division
     DAVID C. LACHMAN (Cal. Bar No. 261711)
 4   NISHA CHANDRAN (Cal. Bar No. 325345)
     Assistant United States Attorneys
 5   General Crimes Section
          1100 United States Courthouse
 6        312 North Spring Street
          Los Angeles, California 90012
 7        Telephone: (213) 894-5564/2429
          Facsimile: (213) 894-2927
 8        E-mail:    daivd.lachman@usdoj.gov
                     nisha.chandran@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 22-205-JFW-1, 5, 11

14              Plaintiff,                    ORDER CONTINUING TRIAL DATE AND
                                              FINDINGS REGARDING EXCLUDABLE TIME
15                   v.                       PERIODS PURSUANT TO SPEEDY TRIAL
                                              ACT
16   NATALIE LE DEMOLA et al.,
                                              TRIAL DATE:
17              Defendants.                   April 18, 2023, at 8:30 a.m.
18                                            STATUS CONFERENCE:
                                              April 3, 2023, at 8:30 a.m.
19

20

21        The Court has read and considered the Stipulation Regarding
22   Request for (1) Continuance of Trial Date and (2) Findings of
23   Excludable Time Periods Pursuant to Speedy Trial Act, filed by the
24   parties in this matter on September 6, 2022.         The Court hereby finds
25   that the Stipulation, which this Court incorporates by reference into
26   this Order, demonstrates facts that support a continuance of the
27   trial date in this matter, and provides good cause for a finding of
28   excludable time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161.
     Case 2:22-cr-00205-JFW Document 250 Filed 09/07/22 Page 2 of 3 Page ID #:791



 1        The Court further finds that:        (i) the ends of justice served by

 2   the continuance outweigh the best interest of the public and

 3   defendant in a speedy trial; (ii) failure to grant the continuance

 4   would be likely to make a continuation of the proceeding impossible,

 5   or result in a miscarriage of justice; (iii) the case is so unusual

 6   and so complex, due to the nature of the prosecution and the number

 7   of defendants, that it is unreasonable to expect preparation for pre-

 8   trial proceedings or for the trial itself within the time limits

 9   established by the Speedy Trial Act; and (iv) failure to grant the

10   continuance would unreasonably deny defendant continuity of counsel

11   and would deny defense counsel the reasonable time necessary for

12   effective preparation, taking into account the exercise of due

13   diligence.

14        THEREFORE, FOR GOOD CAUSE SHOWN:

15        1.      The trial in this matter is continued from September 6,

16   2022, at 8:30 a.m., to April 18, 2023, at 8:30 a.m.           The status

17   conference hearing is set for April 3, 2023, at 8:00 a.m.

18        2.      The time period of August 26, 2022, to April 18, 2023,
19   inclusive, is excluded in computing the time within which the trial

20   must commence, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i),

21   (B)(ii) and (B)(iv).

22        3.      Nothing in this Order shall preclude a finding that other

23   provisions of the Speedy Trial Act dictate that additional time

24   periods are excluded from the period within which trial must

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

26   //

27   //

28

                                           2
     Case 2:22-cr-00205-JFW Document 250 Filed 09/07/22 Page 3 of 3 Page ID #:792



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

 2   additional time periods from the period within which trial must

 3   commence.

 4        IT IS SO ORDERED.

 5

 6    September 7, 2022
      DATE                                     HONORABLE JOHN F. WALTER
 7                                             UNITED STATES DISTRICT JUDGE
 8   CC: USPO/PSA; USM
 9   Presented by:
10      /s/
     DAVID C. LACHMAN
11   NISHA CHANDRAN
     Assistant United States Attorneys
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