Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order (E.D. Cal., Dkt. 152)

Summary

Stipulation and order on excludable time under the Speedy Trial Act, filed May 30, 2025 as Document 152 in United States v. Shahriar "Sean" Loloee et al., Case No. 2:23-CR-00320-KJM, in the U.S. District Court for the Eastern District of California. The parties ask the court to exclude time between May 13, 2025, and May 27, 2025, under Local Code T4. They state the discovery includes at least ten terabytes of data and dozens of boxes of physical employment records, and that defense counsel has reviewed hundreds of thousands of pages. The government does not object. The order is dated May 29, 2025 (nunc pro tunc to May 8, 2025).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order (E.D. Cal., Dkt. 152).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-2-23-cr-00320-dkt-152-e-d-cal-47cf9d4fdf/, SHA-256 5f8ebdc816a7939c3e3e3e7284503b08acdbed8239c560a0aa5f370eea4fc0b7.

Full text

Case 2:23-cr-00320-KJM Document 152 Filed 05/30/25 Page 1 of 3

1 MICHELE BECKWITH
Acting 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. By previous order, this matter was set for status on May 27, 2025. Mins., ECF No. 148.

21 Also by previous order, time under the Speedy Trial Act was excluded through May 13, 2025. Order,

22 ECF No. 144.

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

24 under the Speedy Trial Act between May 13, 2025, and May 27, 2025, under Local Code T4.

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

26 a) The discovery in this case consists of at least ten terabytes of data that was

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

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

STIPULATION REGARDING EXCLUDABLE TIME 1
PERIODS UNDER SPEEDY TRIAL ACT
Case 2:23-cr-00320-KJM Document 152 Filed 05/30/25 Page 2 of 3

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

2 for inspection and copying. To date, defense counsel has reviewed hundreds of thousands of

3 pages of discovery and continues to do so.

4 b) Between May 13 and May 27, counsel for all defendants will continue reviewing

5 produced discovery, conducting investigation and research relevant to the charges facing their

6 clients, and otherwise preparing for trial. Counsel for all defendants anticipate informing the

7 Court of an updated estimate for when this process will be complete at the upcoming status

8 conference.

9 c) Counsel for the defendants believe that failure to grant the above-requested

10 exclusion would deny them reasonable time necessary for effective preparation, taking into

11 account the exercise of due diligence.

12 d) The government does not object to the requested exclusion of time.

13 e) Based on the above-stated findings, the ends of justice served by excluding time

14 as requested outweigh the interest of the public and the defendants in a trial within the original

15 date prescribed by the Speedy Trial Act.

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

17 et seq., within which trial must commence, the time period of May 13, 2025, to May 27, 2025,

18 inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4]

19 because it results from an exclusion granted by the Court at the defendants’ request on the basis

20 of the Court’s finding that the ends of justice served by taking such action outweigh the best

21 interest of the public and the defendants in a speedy trial.

22 ///

23 ///

24 ///

25 ///

26 ///

27 ///

28 ///

STIPULATION REGARDING EXCLUDABLE TIME 2
PERIODS UNDER SPEEDY TRIAL ACT
Case 2:23-cr-00320-KJM Document 152 Filed 05/30/25 Page 3 of 3

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: May 8, 2025 MICHELE BECKWITH
Acting United States Attorney
7

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

11 Dated: May 8, 2025 /s/ SHERRY D.H. HAUS
SHERRY D.H. HAUS
12 Counsel for Defendant SHAHRIAR LOLOEE
13 Dated: May 8, 2025 /s/ KEVIN JAMES ROONEY
KEVIN JAMES ROONEY
14 Counsel for Defendant SHAHRIAR LOLOEE
15 Dated: May 8, 2025 /s/ THOMAS A. JOHNSON
THOMAS A. JOHNSON
16 Counsel for Defendant SHAHRIAR LOLOEE
17 Dated: May 8, 2025 /s/ WILIAM J. PORTANOVA
WILLIAM J. PORTANOVA
18 Counsel for Defendant KARLA MONTOYA
19 Dated: May 8, 2025 /s/ MICHAEL D. LONG
MICHAEL D. LONG
20 Counsel for Defendant MIRWAIS SHAMS
21 Dated: May 8, 2025 /s/ TIMOTHY E. WARRINER
TIMOTHY E. WARRINER
22 Counsel for Defendant AHMAD SHAMS
23

24 ORDER
25 IT IS SO FOUND AND ORDERED this 29th day of May, 2025 (nunc pro tunc to May 8, 2025).
26

27
SENIOR UNITED STATES DISTRICT JUDGE
28

STIPULATION REGARDING EXCLUDABLE TIME 3
PERIODS UNDER SPEEDY TRIAL ACT

File and source

File: 152.pdf
Size: 196,324 bytes
SHA-256: 5f8ebdc816a7939c3e3e3e7284503b08acdbed8239c560a0aa5f370eea4fc0b7
Our copy: 152.pdf
Original: No public link identified.