Joint Motion for Ends-of-Justice Continuance and Exclusion of Time — United States v. Nguyen (Document 13)

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Joint motion for an ends-of-justice continuance of the time for filing an indictment or information, and exclusion of time under the Speedy Trial Act, in United States v. Lilly Nguyen (District of Massachusetts). The parties ask to exclude May 10, 2021 through June 14, 2021 from the speedy trial clock. They state that the matter began by criminal complaint on April 8, 2021, that preliminary discussions about a possible resolution are under way, and that the government would have until June 15, 2021 to return an indictment. The motion states that no previous extensions have been requested and that the defendant is not in custody on the basis of the complaint.

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            Case 1:21-mj-02139-MBB Document 13 Filed 04/29/21 Page 1 of 2




                            UNITED STATES DISTRICT COURT
                             DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA                      )
                                              )
                v.                            )      M.B.D. Case No.
                                              )      1:21-mj-02139-MBB
LILLY NGUYEN,                                 )
                                              )
       Defendant                              )


               JOINT MOTION FOR ENDS-OF-JUSTICE CONTINUANCE
              OF TIME FOR FILING AN INDICTMENT OR INFORMATION,
                            AND EXCLUSION OF TIME,
                         UNDER THE SPEEDY TRIAL ACT

       The United States of America, by and through Assistant United States Attorney Christopher

Markham, and the defendant through undersigned counsel, respectfully move this Court to grant a

continuance of the time within which an indictment or information must be filed, and exclude the

time period from May 10, 2021, through and including June 14, 2021, from the speedy trial clock,

pursuant to the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A), and Sections 5(b)(7)(B) and 5(c)(1)(A)

of the Plan for Prompt Disposition of Criminal Cases for the United States District Court for the

District of Massachusetts (effective December 2008), on the ground that the ends of justice served

by granting the requested continuance and excluding these periods outweigh the best interests of the

public and the defendant in a speedy trial. The parties further ask this Court to issue the attached

proposed Order of Continuance and Excludable Delay. In support of this request, the parties state

as follows:

       1.       This matter was initiated by criminal complaint on April 8, 2021. The parties have

been engaged in preliminary discussions regarding the possible resolution of this matter that might

obviate the need for an indictment.
            Case 1:21-mj-02139-MBB Document 13 Filed 04/29/21 Page 2 of 2




       2.       The requested exclusion of time will permit defense counsel to adequately confer with

the defendant, and allow the parties to further discuss and finalize the terms of any resolution, before

the government is required to seek an indictment.
        3.      The parties agree that, if the requested time is excluded, the government has until

  June 15, 2021 to return an indictment in this case. No previous extensions have been requested.

       4.       The defendant is not being held in custody on the basis of the complaint.

       5.       A proposed order is attached.




                                                      Respectfully submitted,

LILLY NGUYEN                                          NATHANIEL R. MENDELL
By her attorney,                                      Acting United States Attorney

/s/ Aviva E. Jeruchim                                 By: /s/ Christopher J. Markham
AVIVA E. JERUCHIM                                     CHRISTOPHER J. MARKHAM
                                                      Assistant U.S. Attorney


                                       Certificate of Service

        I hereby certify that this document filed through the ECF system will be sent electronically
to the registered participants as identified on the Notice of Electronic Filing and paper copies will
be sent to those indicated as non-registered participants.

                                                By:   /s/ Christopher J. Markham
                                                      CHRISTOPHER J. MARKHAM
                                                      Assistant U.S. Attorney




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