Order, Consent Motion for Exclusion of Time Under the Speedy Trial Act — United States v. Shabazz (Dkt. 13)

Summary

An Order Regarding Consent Motion for Exclusion of Time Under the Speedy Trial Act in United States of America v. Amar Shabazz, Case No. 21-MJ-3245-ADC, in the U.S. District Court for the District of Maryland, Doc. 13. The order states that the case is presently pending by way of Criminal Complaint and that, with the consent of the Defendant, the Government has filed a motion to extend the time for an indictment or information. It states a finding under 18 U.S.C. § 3161(h)(7)(B)(i), (ii), (iii), and (iv) and extends the date by which the Indictment or Information must be returned to February 18, 2022, with time excluded under the Speedy Trial Act until that date. The signature block names a United States Magistrate Judge.

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA
CASE NO. 21-MJ-3245-ADC

v.
AMAR SHABAZZ,

Defendant

ORDER REGARDING CONSENT MOTION FOR
EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT

This case is presently pending by way of Criminal Complaint. In the normal course, this
matter would have required that an indictment or information be filed within thirty (30) days of
the Defendant's initial appearance, pursuant to 18 U.S.C. 3161(b). With the consent of the
Defendant, the Government has filed a motion to extend that time, thereby postponing exercising
the right to a preliminary hearing, as well as speedy presentment and speedy trial, and for the
reasons set forth therein additional time is required to adequately investigate and research issues
related to the indictment of the above captioned case. |

The Court finds that the ends of justice served by granting an extension of the time within |
which to return an indictment outweigh the best interests of the public and the Defendant in a
speedy trial because, for the reasons set forth in the motion, failure to grant the extension is
likely to result in a miscarriage of justice if the matter is presented to the grand jury prior to
issues surrounding the investigation being fully investigated and researched. This Order is based
on a finding pursuant to 18 U.S.C. § 3161(h)(7)(B)(i), (ii), (iii), and (iv), that the ends of justice
served by taking such action outweigh the best interest of the public and the defendant in a
speedy trial.

IT IS ORDERED that the date by which the Indictment or Information must be returned

is extended to February 18, 2022, and that time is excluded under the Speedy Trial Act until
that date.

The Court finds that, pursuant Title 18, United States Code, Sections 3161(h)(7)(A) and
(7)(B), based upon the Government’s motion with the consent of the Defendant, the interests of
justice will be served by continuing the speedy presentment and trial date beyond those required
under the statute and that the ends of justice served by such a delay in the trial of this case
outweigh the interests of the public and the Defendant in a speedy trial, in that:

a. the failure to grant this request in this proceeding would be likely to result in a
miscarriage of justice;

b. this case involves some complex issues and thus it would be unreasonable to
expect adequate preparation for pretrial proceedings or for the trial itself within the time limits
established by the Speedy Trial Act;

c. the requested exclusion of time would provide the Defendant and his counsel
sufficient time to conduct an investigation as well as review fully all of the discovery materials,
and will help ensure continuity of counsel;

d. the requested exclusion of time would allow the parties sufficient time to continue
the ongoing discussions regarding a pre-indictment disposition; and

e. the arrest of the Defendant on a Criminal Complaint at an earlier juncture than
anticipated by the Government, making return and filing of the indictment within the statutory
time limits unreasonable.

SO ORDERED.

Date

United States Magistrate Judge


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