Stipulation and Order for Enlargement of Time — United States v. Christopher Lloyd Taylor

Summary

A Stipulation and Order for Enlargement of Time, Document 13, filed 03/27/23, Criminal No. 5:23-MJ-00155 (ATB), United States of America v. Christopher Lloyd Taylor, Northern District of New York. The parties stipulate that the time within which an indictment must be filed under 18 U.S.C. § 3161(b) be enlarged to and including sixty (60) days from the date of the order and excluded under 18 U.S.C. § 3161(h)(7)(A). It states that the defendant was charged by criminal complaint on March 16, 2023 with Possession of an Unregistered Firearm and was released on conditions after a March 17, 2023 detention hearing. The stipulation says the case involves complex issues. The Court adopts the stipulated facts as findings and enlarges the time; the order block names Hon. Andrew T. Baxter, U.S. Magistrate Judge.

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“Stipulation and Order for Enlargement of Time — United States v. Christopher Lloyd Taylor.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-23-mj-00155-dkt-13-232201b5c7/, SHA-256 c008ed4557a33683946271b53f80ff7999899eef379b0398948df62baa19bcfa.

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Case 5:23-mj-00155-ATB Document 13 Filed 03/27/23 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ) Criminal No. 5:23-MJ-00155 (ATB)
)
v. ) Stipulation and Order
) for Enlargement of Time
CHRISTOPHER LLOYD TAYLOR, )
)
)
Defendant. )

STIPULATION

The United States of America, by and through its counsel of record, the United States

Attorney for the Northern District of New York, and the defendant, CHRISTOPHER LLOYD

TAYLOR, by and through counsel, John Gilsenan, Esq., hereby agree and stipulate that the time

within which an indictment must be filed under 18 U.S.C. § 3161(b), be enlarged to and including

sixty (60) days from the date of the order, and that such time be excluded, pursuant to 18 U.S.C. §

3161(h)(7)(A), from the computation of the time within which an indictment must be filed under

the provisions of 18 U.S.C. § 3161(b).

1) The chronology of this case is as follows:

a) Date of complaint: March 16, 2023

b) Date of initial appearance: March 16, 2023

c) Defendant custody status: Released on conditions.

d) Date United States moved for detention: March 16, 2023

e) Date of detention hearing: March 17, 2023

f) Date detention decision issued: March 17, 2023

2) The parties have not stipulated to any earlier enlargements of time and exclusions under

the Speedy Trial Act.
Case 5:23-mj-00155-ATB Document 13 Filed 03/27/23 Page 2 of 6

3) The United States and the defendant request this exclusion based on the following facts

and circumstances:

a) On March 16, 2023, the defendant was charged by criminal complaint with

Possession of an Unregistered Firearm, in violation of 26 U.S.C. §§ 5841, 5861(d), 5871. The

defendant was arrested on March 16, 2023, and he made his first appearance on March 16, 2023.

Following a detention hearing on March 17, 2023, the defendant was released on conditions. A

preliminary hearing has not yet been scheduled in this matter.

b) The government accuses the defendant of possessing a rifle with a barrel less than

16 inches in length on March 16, 2023, when law enforcement searched his home in Syracuse,

New York. During the search, the government seized various firearms and firearm parts, along

with electronic media from the defendant. The case involves complex legal and factual issues

related to the alleged possession and transfer of unregistered firearms, including the possession

and transfer of auto sears, which are parts that can convert a semi-automatic firearm to fully

automatic.

c) The government anticipates producing pre-indictment discovery to the defendant’s

counsel during the week of March 27, 2023, which will records related to the defendant’s criminal

history, the search conducted on March 16, 2023, and related relevant conduct. The government

will also make other physical evidence from the alleged offense, such as the firearms and firearm

parts seized, available to defense counsel for review at the government’s offices.

d) Defense counsel will need additional time to review the produced discovery. The

requested continuance is also necessary for the defendant’s counsel to research and understand the

complex legal and factual issues related to the defendant’s alleged possession and transfer of

unregistered firearms and firearm parts; to prepare and file any pretrial motions, if appropriate;

2
Case 5:23-mj-00155-ATB Document 13 Filed 03/27/23 Page 3 of 6

and engage in plea negotiations with the government, which may dispense with the need for grand

jury practice. If the case is not resolved by a plea, the continuance is necessary for the government

to prepare for grand jury practice.

4) The parties stipulate and agree that the ends of justice served by granting this continuance

outweigh the best interests of the public and the defendant in a speedy indictment and trial because

(1) the facts upon which the grand jury must base a determination are unusual and complex, so it

is unreasonable to expect return and filing of an indictment within the period specified in section

3161(b), taking into account the exercise of due diligence pursuant to 18 U.S.C. §

3161(h)(7)(B)(iii); and (2) the failure to grant the requested continuance would unreasonably deny

counsel for the defendant the reasonable time necessary for effective preparation, taking into

account the exercise of due diligence pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv). The requested

continuance allows for reasonable time necessary for the effective preparation by defense counsel

to review the evidence with the defendant, so that the defendant may make an informed decision

as to whether he wishes to resolve or dispute the charges set forth in the complaint and permits the

parties the reasonable time necessary to evaluate the complex and unusual issues of law and fact

in this case related to the possession and transfer of unregistered firearms. For all these reasons,

an exclusion under 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(iii), and (iv) is appropriate here.

5) The parties stipulate and agree that the 60-day period from the date of the order, shall be

excludable under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(iii), and

(iv).

*****

3
Case 5:23-mj-00155-ATB Document 13 Filed 03/27/23 Page 4 of 6

The undersigned attorneys affirm under penalty of perjury the accuracy of the facts set

forth above and apply for and consent to the proposed order set forth below.

Dated: March 27, 2023 CARLA B. FREEDMAN
United States Attorney

By:
Alexander P. Wentworth-Ping
Assistant United States Attorney
Bar Roll No. 701897

John Gilsenan, Esq.
Attorney for CHRISTOPHER LLOYD TAYLOR
Bar Roll No. 700557

4
Case 5:23-mj-00155-ATB Document 13 Filed 03/27/23 Page 5 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ) Criminal No. 5:23-MJ-00155 (ATB)
)
v. ) Stipulation and Order
) for Enlargement of Time
CHRISTOPHER LLOYD TAYLOR, )
)
)
Defendant. )

ORDER

A. The Court adopts the stipulated facts set out above as findings and hereby incorporates

them into this Order.

B. The Court has considered its obligation under 18 U.S.C. § 3161(h)(7)(A) to determine

whether an extension of time within which the government must file an information or indictment

serves the ends of justice in a manner that outweighs both the public interest and the defendant’s

rights. The Court finds that, pursuant to 18 U.S.C. § 3161(h)(7)(A), the ends of justice served by

granting the requested continuance outweigh the best interest of the public and the defendant in a

speedy indictment and trial because: (1) defense counsel needs additional time to review the

discovery related to this case and made available by the United States and failure to grant a

continuance in this case would deny the defendant reasonable time necessary for effective

preparation, taking into account the exercise of due diligence, pursuant to 18 U.S.C.

§ 3161(h)(7)(B)(iv); and (2) the facts of the case are so unusual or complex, due to the nature of

the prosecution and the existence of novel questions of law and fact related to the possession and

transfer of unregistered firearms, that it is unreasonable to expect adequate preparation for the

return and filing of an indictment within the period specified in section 3161(b), taking into account

the exercise of due diligence, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iii).

1
Case 5:23-mj-00155-ATB Document 13 Filed 03/27/23 Page 6 of 6

BASED ON THE STIPULATED FACTS AND THE COURT’S RELATED FINDINGS,

IT IS HEREBY ORDERED that the time within which an indictment must be filed under the

provisions of Title 18, United States Code, Section 3161(b), be enlarged to and including 60 days

from the date of this order, and that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(A), from

the computation of the time within which an indictment must be filed under the provisions of 18

U.S.C. § 3161(b), because the ends of justice served by granting this continuance outweigh the

best interest of the public and the defendant in a speedy trial for the reasons stipulated above.

IT IS SO ORDERED.

Dated and entered this ________ day of March, 2023.

Hon. Andrew T. Baxter
U.S. Magistrate Judge

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