Consent Motion for Exclusion of Time from Speedy Trial Act Computations (D. Md., Document 134)

Summary

Consent Motion for Exclusion of Time from Speedy Trial Act Computations, filed September 19, 2025 as Document 134 in Case 1:22-cr-00146-JKB, District of Maryland, United States v. Ron Elfenbein. The Government, with the consent of the Defendant, asks that September 20, 2025 through March 30, 2026 be excluded. It recites that the Fourth Circuit issued its opinion on July 17, 2025, affirming in part and reversing in part this Court's grant of judgment of acquittal and a new trial, that the mandate issued August 20, 2025, and that the parties and the Court agreed on a trial date of March 30, 2026 at the September 17, 2025 status conference. The signature block names Kelly O. Hayes, United States Attorney, with Matthew P. Phelps as Assistant United States Attorney.

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“Consent Motion for Exclusion of Time from Speedy Trial Act Computations (D. Md., Document 134).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-md-no-1-22-cr-00146-dkt-134-d-md-846aa4cacc/, SHA-256 25a783ed8b79c1e7c5969b2cdfa5c04d9bc29a38f4f3155a1c86f97a82ffde37.

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Case 1:22-cr-00146-JKB Document 134 Filed 09/19/25 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA )
)
v. ) Case No. 1:22-cr-00146-JKB
)
RON ELFENBEIN, )
)
Defendant. )
____________________________________)

CONSENT MOTION FOR EXCLUSION OF TIME
FROM SPEEDY TRIAL ACT COMPUTATIONS

The United States of America, by its counsel, and with the consent of the Defendant,

submits the Government’s Consent Motion for Exclusion of Time from Speedy Trial Act

Computations. In support thereof, the Government submits the following:

1. On July 17, 2025, the United States Court of Appeals for the Fourth Circuit issued

its opinion and judgment affirming in part and reversing in part this Court’s grant of judgment of

acquittal and a new trial.

2. The mandate was issued by the Fourth Circuit on August 20, 2025, and the Court

scheduled a status hearing for September 17, 2025.

3. The Court subsequently excluded from Speedy Trial Act computation the period of

August 20, 2025 through September 19, 2025. ECF No. 131.

4. The parties attended the status conference on September 17, 2025, where the parties

and the Court agreed on a trial date of March 30, 2026.

5. The Government is now seeking a Speedy Trial Act computation exclusion from

September 20, 2025 through the trial date, March 30, 2026.

6. In accordance with the Speedy Trial Act, a criminal defendant must be brought to

trial within 70 days of the later of either the filing of an indictment or information or the first
Case 1:22-cr-00146-JKB Document 134 Filed 09/19/25 Page 2 of 3

appearance before a judicial officer of the court in which the charge is pending. 18 U.S.C. §

3161(c)(1).

7. 18 U.S.C. § 3161(h)(7)(A) specifically excludes from the time requirements “any

period of delay resulting from a continuance granted . . . 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 trial.” Among the factors the Court considers

in granting such a motion is whether failure to grant a continuance would result in a “miscarriage

of justice,” and whether “it is unreasonable to expect adequate preparation for pretrial proceedings

or for the trial itself within the time limits established by” Section 3161. 18 U.S.C. §

3161(h)(7)(B)(i) and (ii). The Court also considers whether failure to grant a continuance would

deny counsel for a defendant or the government “reasonable time necessary for effective

preparation, taking into account the exercise of due diligence.” 18 U.S.C. § 3161(h)(7)(B)(iv).

8. The ends of justice are served by continuing the trial of this matter beyond the

otherwise-applicable speedy trial date and outweigh the interests of the defendant and the public

in a speedy trial, and, therefore, the resulting delay is permissible pursuant to 18 U.S.C. §

3161(h)(7). Specifically, the parties all agreed on a trial date of March 30, 2026. The parties further

agreed that the scheduled needed to account for additional disclosure of expert witnesses, motions

practice, and other potential legal issues related to the Fourth Circuit’s decision. In sum, the ends

of justice are served by the requested exclusion because the parties need sufficient time to engage

in pretrial disclosures, pretrial motions practice, and otherwise prepare for trial.

9. Defense counsel consented to the requested to the Speedy Trial Act exclusion at the

status hearing.
Case 1:22-cr-00146-JKB Document 134 Filed 09/19/25 Page 3 of 3

WHEREFORE, the Government respectfully requests that the time from September 20,

2025 through March 30, 2026, be excluded from Speedy Trial Act computations in this case. A

proposed order is submitted herewith.

Respectfully submitted,

Kelly O. Hayes
United States Attorney

By: ___________/s/_______________
Matthew P. Phelps, No. 17933
Assistant United States Attorney
36 S. Charles Street, 4th Floor
Baltimore, Maryland 21201
(410) 209-4800
matthew.phelps@usdoj.gov

D. Keith Clouser
U.S. Department of Justice
Criminal Division, Fraud Section
1400 New York Avenue, N.W.
Washington, D.C. 20005
david.clouser@usdoj.gov

COUNSEL FOR THE UNITED STATES

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