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Order Extending Time to File Indictment/Information — United States v. Joseph Lentine (S.D. Ohio, Dkt. 16)

Summary

An order extending the time to file an indictment or information in United States v. Joseph Lentine, Case No. 1:21-mj-00633-KLL, Doc #: 16, in the U.S. District Court for the Southern District of Ohio, Western Division, filed October 8, 2021. The order grants the parties' motion, finds the defendant's waiver of timely indictment knowing, intelligent, and voluntary, and states ends-of-justice findings so the parties can review informal discovery and consider a possible pre-indictment resolution. It extends the deadline for 65 days, up to and including Thursday, December 16, 2021, from the original date of Tuesday, October 12, 2021, and excludes that period in computing the time. The order bears the name of United States Magistrate Judge Stephanie K. Bowman.

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Cite this document

“Order Extending Time to File Indictment/Information — United States v. Joseph Lentine (S.D. Ohio, Dkt. 16).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-21-mj-00633-dkt-16-s-d-ohio-da4b36d63d/, SHA-256 02b724eb4def44893f204c25f0c7b6adcf499080f263038b11491df1a3f27476.

Full text

    Case: 1:21-mj-00633-KLL Doc #: 16 Filed: 10/08/21 Page: 1 of 2 PAGEID #: 67

                             UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF OHIO
                                 WESTERN DIVISION


UNITED STATES OF AMERICA,                :             CASE NO. 1:21-MJ-633
                                         :
                    Plaintiff,           :
              v.                         :             MAGISTRATE JUDGE BOWMAN
                                         :
JOSEPH LENTINE,                          :
                                         :
                    Defendant.           :


     ORDER EXTENDING TIME TO FILE INDICTMENT/INFORMATION

       Having read and considered the parties’ Motion for an Order Extending the Time in

Which to File an Indictment/Information, and Defendant’s Knowing Waiver of Timely

Indictment/Information, the Court hereby GRANTS the Motion. In so doing, the Court

finds that the Defendant’s waiver is knowing, intelligent, and voluntary. The Court further

finds pursuant to 18 U.S.C. ' 3161(h)(7)(A), after considering the factors set forth in

18 U.S.C. ' 3161(h)(7)(B), that the ends of justice served by granting the extension

outweigh the best interest of the public and the Defendant in a speedy information,

indictment and trial. The Court makes this ends of justice finding because the failure to

grant an extension would deny counsel for the Defendant and/or the United States reasonable

time necessary for effective preparation, taking into account the exercise of due diligence,

and would result in a miscarriage of justice in that the parties desire and need additional

time to review certain informal discovery material and information, conduct their

respective investigation and analysis, and explore, negotiate and consider a possible pre-

indictment resolution of this matter.
       Case: 1:21-mj-00633-KLL Doc #: 16 Filed: 10/08/21 Page: 2 of 2 PAGEID #: 68




            Accordingly, the time period specified in 18 U.S.C. ' 3161(b), within which the

    United States must file an indictment or information relative to the current charges in

    this matter, is extended for a period of 65 days, up to and including Thursday, December

    16, 2021. The time period from the date when an indictment or information must have

    been filed originally, namely, Tuesday, October 12, 2021, 1 up to and including Thursday,

    December 16, 2021, shall be excluded in computing the time within which an indictment

    or information relative to the charge(s) in this matter must be filed.



               Oct 8, 2021
    Date:
                                                       HON. STEPHANIE K. BOWMAN
                                                       UNITED STATES MAGISTRATE JUDGE




1
 See Fed R. Crim. P. 45(a)(“The following rules apply in computing any time period … in any statute that does not
specify a method of computing time… if the last day is a Saturday, Sunday, or legal holiday, the period continues to
run until the end of the next day that is not a Saturday, Sunday, or legal holiday.”).




                                                         2

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