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Joint Motion to Continue — United States v. Vanpelt (N.D. Ga., Document 13)

Summary

A Joint Motion to Continue, filed October 13, 2020 as Document 13 in United States of America v. Hunter VanPelt, Case 1:21-cr-00006-MHC, in the U.S. District Court for the Northern District of Georgia. The United States and the defendant ask under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), for a 30-day continuance of the preliminary hearing and of the time to obtain an indictment. The motion states that a criminal complaint issued October 5, 2020 charging bank fraud under 18 U.S.C. § 1344, and that the parties agreed to an extension up to and including December 9, 2020. It also asks to exclude time from October 13, 2020 to November 16, 2020, and it is followed by a form of order for Magistrate Judge Regina D. Cannon.

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“Joint Motion to Continue — United States v. Vanpelt (N.D. Ga., Document 13).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-vanpelt-dkt-13-n-d-ga-19cafb7618/, SHA-256 f457223723f1e83884f8aa072eb1780b147f48cceb37ae152037b3d1405bbd53.

Full text

        Case 1:21-cr-00006-MHC Document 13 Filed 10/13/20 Page 1 of 6




                  IN THE UNITED STATES DISTRICT COURT
                 FOR THE NORTHERN DISTRICT OF GEORGIA
                           ATLANTA DIVISION


   U NITED S TATES OF A MERICA
                                               Criminal Action No.
          v.
                                               1:20-MJ-00821
   H UNTER V AN P ELT



                           Joint Motion to Continue

   The United States of America, by Byung J. Pak, United States Attorney, and

Christopher J. Huber, Assistant United States Attorney for the Northern District

of Georgia, and defendant Hunter VanPelt, by and through her counsel, Akil

Sekret, and respectfully request, pursuant to the Speedy Trial Act, 18 U.S.C.

§ 3161(h)(7), a 30-day continuance of the proceedings in the above-captioned case,

including the preliminary hearing and time available to obtain an indictment,

stating as follows:

   1. On October 5, 2020, a criminal complaint was issued against VanPelt

charging her with bank fraud, in violation of 18 U.S.C. § 1344. VanPelt was

arrested in connection with those charges the next day. An initial appearance was

held on October 6, 2020. The Court scheduled a preliminary hearing for October

16, 2020, at 10:00 a.m.

   2. Any indictment or information resulting from the charges against the
defendant must be filed within 30 days of the arrest.        18 U.S.C. § 3161(b).



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           Case 1:21-cr-00006-MHC Document 13 Filed 10/13/20 Page 2 of 6




Accordingly, any indictment or information must be filed on or before November

5, 2020.

   3. Counsel for VanPelt and the government are in discussions about potential

resolution of the allegations.
   4. The parties request a continuance of the preliminary hearing and also the

time available for the government to obtain an indictment so that VanPelt will

have sufficient time to consult with her counsel, investigate facts, and continue

said discussions with the government.

   5. Counsel for VanPelt and for the government have conferred and have agreed

to an extension of time up to and including December 9, 2020, within which to file

an information or indictment.       The parties also request that the preliminary

hearing be continued approximately 30 days, to on or around November 16, 2020.

   6. The ends of justice will be served by granting a 30-day continuance, and

those ends outweigh the interests of the public and the defendant in a speedy trial,

because such a continuance will conserve judicial resources and will allow the

parties sufficient time to discuss a potential resolution of this case.

   WHEREFORE, the parties move this Court for entry of an Order (a) continuing

the preliminary hearing to approximately November 16, 2020, (b) continuing the

time available to obtain an indictment or information to December 9, 2020, and
(c) excluding the time between October 13, 2020 and November 16, 2020, from

Speedy Trial calculations.




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       Case 1:21-cr-00006-MHC Document 13 Filed 10/13/20 Page 3 of 6




                                        B YUNG J. P AK
                                           United States Attorney


/S/AKIL SEKRET                          / S /C HRISTOPHER J. H UBER

AKIL SEKRET                             CHRISTOPHER J. HUBER
  Counsel for Defendant                   Assistant United States Attorney
Georgia Bar No. 634075                  Georgia Bar No. 545627




                                    3
        Case 1:21-cr-00006-MHC Document 13 Filed 10/13/20 Page 4 of 6




                  IN THE UNITED STATES DISTRICT COURT
                 FOR THE NORTHERN DISTRICT OF GEORGIA
                           ATLANTA DIVISION

   UNITED STATES OF AMERICA
                                                Criminal Action No.
          v.
   HUNTER VANPELT                               1:20-MJ-00821

                                        Order

   Having read and considered the parties’ Joint Motion to Continue in this

matter, and for good cause shown, the Court HEREBY GRANTS the motion.

   It is hereby ORDERED that the preliminary hearing is continued to November

___, 2020, at ____:____ _.m.

   It is further ORDERED that the Government shall have until December 9, 2020,

to indict or otherwise formally charge the Defendant in this case. Failure to do so

by that time will result in the dismissal of the above-styled complaint.

   Pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B), the Court finds that the ends of

justice served by granting the motion to continue outweigh the public’s and
defendant’s interest in a speedy trial. Specifically, this delay will allow the parties

the reasonable time necessary to discuss a resolution of the allegations.
       Case 1:21-cr-00006-MHC Document 13 Filed 10/13/20 Page 5 of 6




Accordingly, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B), excludable time is
allowed from October 13, 2020, through and including November ______, 2020.

   DATED this ______ day of October, 2020.



                                    REGINA D. CANNON
                                    UNITED STATES MAGISTRATE JUDGE




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         Case 1:21-cr-00006-MHC Document 13 Filed 10/13/20 Page 6 of 6




                             Certificate of Service
   I served this document today by handing a copy to defense counsel and via

email:
                                 Akil K. Secret
                                The Secret Firm
                                 P.O. box 91028
                               Atlanta, GA 30364
                           asecret@thesecretfirm.com


October 13, 2020
                                              /s/CHRISTOPHER J. HUBER
                                              CHRISTOPHER J. HUBER
                                              Assistant United States Attorney




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