Consent Motion to Continue Preliminary Hearing and Waive Filing of Indictment — United States v. Bryant (D. Md.)

Summary

Consent Motion to Continue Preliminary Hearing and Waive Filing of Indictment, filed September 7, 2021 as Document 13, Case 8:22-cr-00308-DLB, United States v. Sherrie Lynne Bryant, District of Maryland. The Government states that on August 24, 2021 Defendant was charged by Criminal Complaint with wire fraud (18 U.S.C. § 1343) and false statements (18 U.S.C. § 1001), and that a preliminary hearing was scheduled for September 15, 2021. It asks the Court to continue the Preliminary Hearing and the indictment deadline until January 12, 2022, stating that Defendant, through counsel, agrees. The Government says the extension would allow review of discovery with counsel and discussion of a possible resolution of the case. The motion is signed /s/ Erin B. Pulice, Assistant United States Attorney.

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            Case 8:22-cr-00308-DLB Document 13 Filed 09/07/21 Page 1 of 3



                          IN THE UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF MARYLAND

 UNITED STATES OF AMERICA                         *
                                                  *
            v.                                    * CASE NO. GLS-21-2249
                                                  *
 SHERRIE LYNNE BRYANT,                            *
                                                  *
            Defendant                             *
                                                  *
                                               *******

             CONSENT MOTION TO CONTINUE PRELIMINARY HEARING
                     AND WAIVE FILING OF INDICTMENT

       The United States of America, by and through the undersigned attorney, hereby requests an

order continuing the Preliminary Hearing and the deadline for filing an indictment in this matter until

January 12, 2022. In support of this motion, the Government states as follows:

       1.        On August 24, 2021, Defendant was charged by Criminal Complaint with wire fraud,

in violation of 18 U.S.C. § 1343; and false statements, in violation of 18 U.S.C. § 1001.

       2.        On August 25, 2021, an Initial Appearance was held before the Honorable Magistrate

Judge Gina L. Simms. The Defendant was ordered released on conditions and a preliminary hearing

was scheduled for September 15, 2021.

       3.        Pursuant to Fed. R. Crim. P. 5.1(c), a preliminary hearing must be held no later than

14 days after the initial appearance if the Defendant is in custody, or no later than 21 days if the

Defendant is not in custody.

       4.        Pursuant to the Speedy Trial Act, the Government must file an indictment or

information resulting from the charge against Defendant within thirty days of her arrest. See 18

U.S.C. § 3161(b).
              Case 8:22-cr-00308-DLB Document 13 Filed 09/07/21 Page 2 of 3



         5.      Federal Rule of Criminal Procedure 5.1(d) provides, “With the defendant’s consent

and upon a showing of good cause—taking into account the public interest in the prompt disposition

of criminal cases—a magistrate judge may extend the time limits in Rule 5.1(c) one or more times.

. . .”

         6.      The Government and counsel for the Defendant have discussed the preliminary

hearing and Speedy Trial deadlines. The Defendant, through counsel, agrees that the time within

which a preliminary hearing must be held or an indictment filed may be extended to and including

January 12, 2022.

         7.      The Government submits that there is good cause to extend the time in which it must

file an indictment or the Court must hold a preliminary hearing.          Discovery in this case in

voluminous. The requested extension would allow the Defendant an opportunity to review and

discuss the discovery with counsel and will provide the parties the opportunity to discuss the possible

resolution of this case in advance of further proceedings, which would serve the public interest in

prompt disposition of criminal cases. See Fed. R. Crim. P. 5.1(d); 18 U.S.C. § 3161(h)(7).

         8.      A proposed order is submitted herewith.




                                                 -2-
           Case 8:22-cr-00308-DLB Document 13 Filed 09/07/21 Page 3 of 3



       Based on the foregoing, the Government respectfully requests that the Court grant this

Motion and continue the Preliminary Hearing in this matter and the deadline for filing an indictment

until January 12, 2022.



                                              Respectfully submitted,

                                              Jonathan F. Lenzner
                                              Acting United States Attorney


                                        By:      /s/ Erin B. Pulice
                                              Erin B. Pulice
                                              Assistant United States Attorney




                                                -3-


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