Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order (E.D. Cal., Dkt. 144)

Summary

Stipulation regarding excludable time periods under the Speedy Trial Act, with findings and order, filed February 25, 2025 as Document 144 in United States v. Shahriar Loloee, Karla Montoya, Mirwais Shams and Ahmad Shams, Case No. 2:23-CR-00320-KJM, in the U.S. District Court for the Eastern District of California. The parties ask to exclude time between February 25, 2025 and May 13, 2025 under Local Code T4. They say discovery production is ongoing as the parties navigate complex issues of attorney-client privilege, that discovery is at least ten terabytes of data plus dozens of boxes of physical employment records, and that defense counsel has reviewed more than 5,000 pages. The order is dated the 25th day of February, 2025.

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“Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order (E.D. Cal., Dkt. 144).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-2-23-cr-00320-dkt-144-e-d-cal-011ff3cda5/, SHA-256 9ec92b5746f7e02977e99e56a78406ee162d92dd2db854ff63cda94e428efc2b.

Full text

Case 2:23-cr-00320-KJM Document 144 Filed 02/25/25 Page 1 of 4

1 PHILLIP A. TALBERT
United States Attorney
2 AUDREY HEMESATH
MATTHEW THUESEN
3 SAM STEFANKI
Assistant United States Attorneys
4 501 I Street, Suite 10-100
Sacramento, CA 95814
5 Telephone: (916) 554-2700

6 Attorneys for Plaintiff
United States of America
7

8 IN THE UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10

11 UNITED STATES OF AMERICA, CASE NO. 2:23-CR-00320-KJM
12 Plaintiff, STIPULATION REGARDING EXCLUDABLE
TIME PERIODS UNDER SPEEDY TRIAL ACT;
13 v. FINDINGS AND ORDER
14 SHAHRIAR “SEAN” LOLOEE,
KARLA MONTOYA,
15 MIRWAIS SHAMS, and
AHMAD “SHAH” SHAMS,
16

17 Defendants.
18

19 STIPULATION

20 1. On October 22, 2024, the Court held a hearing on the defendants’ motions to suppress

21 evidence. The Court did not set a further status conference on that date, nor did the parties seek to

22 exclude time under the Speedy Trial Act. The Court took the suppression motions under submission

23 pending filing of supplemental briefing, which concluded on November 15, 2024.

24 2. By this stipulation, the parties now request that the Court enter an order excluding time

25 under the Speedy Trial Act between February 25, 2025, and May 13, 2025, under Local Code T4.

26 3. The parties agree and stipulate, and request that the Court find the following:

27 a) Discovery production has been ongoing, particularly as the parties navigate

28 complex issues of attorney-client privilege.

STIPULATION REGARDING EXCLUDABLE TIME 1
PERIODS UNDER SPEEDY TRIAL ACT
Case 2:23-cr-00320-KJM Document 144 Filed 02/25/25 Page 2 of 4

1 b) The discovery in this case consists of at least ten terabytes of data that was

2 previously produced to defense counsel on multiple hard drives. The discovery in this case also

3 includes dozens of boxes of physical employment records, which must be reviewed in person.

4 All of this discovery has been either produced directly to counsel and/or made available for

5 inspection and copying. To date, defense counsel has reviewed more than 5,000 pages of

6 discovery and continues to do so.

7 c) Counsel for all defendants desire additional time to review produced discovery,

8 conduct investigation and research relevant to the charges facing their clients, and otherwise

9 prepare for trial. Counsel for all defendants believe that this process will take until at least the

10 end of February.

11 d) Counsel for the defendants believe that failure to grant the above-requested

12 continuance would deny them the reasonable time necessary for effective preparation, taking into

13 account the exercise of due diligence.

14 e) The government does not object to the continuance.

15 f) Based on the above-stated findings, the ends of justice served by continuing the

16 case as requested outweigh the interest of the public and the defendants in a trial within the

17 original date prescribed by the Speedy Trial Act.

18 g) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161,

19 et seq., within which trial must commence, the time period of February 25, 2025, to May 13,

20 2025, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code

21 T4] because it results from a continuance granted by the Court at the defendants’ request on the

22 basis of the Court’s finding that the ends of justice served by taking such action outweigh the

23 best interest of the public and the defendants in a speedy trial.

24 ///

25 ///

26 ///

27 ///

28 ///

STIPULATION REGARDING EXCLUDABLE TIME 2
PERIODS UNDER SPEEDY TRIAL ACT
Case 2:23-cr-00320-KJM Document 144 Filed 02/25/25 Page 3 of 4

1 4. Nothing in this stipulation and order shall preclude a finding that other provisions of the

2 Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial

3 must commence.

4 IT IS SO STIPULATED.

6 Dated: February 24, 2025 PHILLIP A. TALBERT
United States Attorney
7

8 /s/ SAM STEFANKI
AUDREY HEMESATH
9 MATTHEW THUESEN
SAM STEFANKI
10 Assistant United States Attorneys

11 Dated: February 24, 2025 /s/ SHERRY D.H. HAUS
SHERRY D.H. HAUS
12 Counsel for Defendant SHAHRIAR LOLOEE
13 Dated: February 24, 2025 /s/ KEVIN JAMES ROONEY
KEVIN JAMES ROONEY
14 Counsel for Defendant SHAHRIAR LOLOEE
15 Dated: February 24, 2025 /s/ THOMAS A. JOHNSON
THOMAS A. JOHNSON
16 Counsel for Defendant SHAHRIAR LOLOEE
17 Dated: February 24, 2025 /s/ WILIAM J. PORTANOVA
WILLIAM J. PORTANOVA
18 Counsel for Defendant KARLA MONTOYA
19 Dated: February 24, 2025 /s/ MICHAEL D. LONG
MICHAEL D. LONG
20 Counsel for Defendant MIRWAIS SHAMS
21 Dated: February 24, 2025 /s/ TIMOTHY E. WARRINER
TIMOTHY E. WARRINER
22 Counsel for Defendant AHMAD SHAMS
23 /////

24 /////

25 /////

26 ORDER
27 IT IS SO FOUND AND ORDERED this 25th day of February, 2025.
28

STIPULATION REGARDING EXCLUDABLE TIME 3
PERIODS UNDER SPEEDY TRIAL ACT
Case 2:23-cr-00320-KJM Document 144 Filed 02/25/25 Page 4 of 4

STIPULATION REGARDING EXCLUDABLE TIME 4
PERIODS UNDER SPEEDY TRIAL ACT

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