Unopposed Motion to Exclude Time Pursuant to the Speedy Trial Act — United States v. Ryan Dales (Dkt. 63)

Summary

An Unopposed Motion to Exclude Time Pursuant to the Speedy Trial Act, filed May 28, 2024, as Document 63 in United States v. Ryan E. Dales, Criminal No. GLR-23-026, Case 1:23-cr-00026-GLR, in the U.S. District Court for the District of Maryland. The United States moves to exclude time under 18 U.S.C. § 3161(h) from May 3, 2024, through and including December 2, 2024. It states that on May 3, 2024, the Court conducted a Motions hearing and resolved the pending motions, and that the Court's chambers on May 23, 2024 confirmed a trial date of December 2, 2024. The motion says Defendant's counsel informed Government counsel that Defendant does not object to the tolling. A proposed order is stated to be attached.

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“Unopposed Motion to Exclude Time Pursuant to the Speedy Trial Act — United States v. Ryan Dales (Dkt. 63).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-mdd-529188-63-0-e90d462a4d/, SHA-256 a94c72dcbd698774e008a0a832b2779fdf5b5bc08f4bf0e5e4423e553ee7bce4.

Full text

Case 1:23-cr-00026-GLR Document 63 Filed 05/28/24 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *
*
v. *
* CRIMINAL NO. GLR-23-026
RYAN E. DALES, *
*
Defendant. *
*
*******
UNOPPOSED MOTION TO EXCLUDE TIME
PURSUANT TO THE SPEEDY TRIAL ACT

The United States of America, by and through its counsel, Erek L. Barron, the United States

Attorney for the District of Maryland, and Paul A. Riley, Assistant United States Attorney for the

District of Maryland, respectfully submits this Unopposed Motion to Exclude Time Pursuant to

the Speedy Trial Act, and moves to exclude time from the speedy trial calculation pursuant to Title

18 U.S.C. § 3161(h).

1. On January 25, 2023, a federal grand jury sitting in the District of Maryland

returned an indictment charging Defendant Ryan Dales with Wire Fraud (18 U.S.C. § 1343) and

Possession of a Firearm by Prohibited Person (18 U.S.C. § 922(g)(1)).

2. On January 30, 2023, Defendant had his initial appearance and arraignment on the

Indictment, and substantial discovery has to date been provided to the defense.

3. On May 15, 2023, the Office of the Federal Public Defender withdrew from this

matter.

4. On May 17, 2023, the grand jury returned a superseding indictment charging

Defendant with multiple additional offenses, including Aggravated Identity Theft (18 U.S.C. §

1028A(a)(1)), Wire Fraud (18 U.S.C. § 1343), as well as drug and firearm offenses in violation of
Case 1:23-cr-00026-GLR Document 63 Filed 05/28/24 Page 2 of 3

21 U.S.C. §§ 841(a)(1), and 924(c), respectively. The return of the Superseding Indictment of

course had the effect of restarting the speedy trial clock in this matter.

5. On May 24, 2023, Defendant’s new counsel was appointed.

6. The Court previously issued multiple Orders excluding time under the Speedy Trial

Act for a period from March 3, 2023 through November 10, 2023. ECF Nos. 25, 29, 43, 53.

7. On March 10, 2023, Defendant filed a Motion to Suppress Evidence and Motion to

Sever Counts, ECF Nos. 49, 50, which had the effect of tolling the speedy trial clock through the

disposition of the motions. See 18 U.S.C. § 3161(h)(1)(D).

8. On May 3, 2024, the Court held a Motions hearing and resolved the pending

motions. Thereafter, the parties have continued discussions regarding resolution of this matter

short of trial.

9. After multiple emails with the parties concerning scheduling, the Court’s chambers

on May 23, 2024 confirmed a trial date of December 2, 2024.

10. On May 23, 2024, Defendant’s counsel informed Government counsel that

Defendant does not object to the tolling of the Speedy Trial clock through the newly scheduled

trial date of December 2, 2024.

11. In light of the above, the Government respectfully requests an exclusion of all time

under the Speedy Trial Act for the entire period from the date the Court resolved all pending

motions (May 3, 2024) through the date of Defendant’s trial in this matter—December 2, 2024.

12. The Speedy Trial Act permits a trial court to continue a trial date beyond the

seventy-day limit if such continuance is granted by the Court on the basis of a finding that the ends

of justice served by taking such action outweigh the best interest of the public and the defendant

in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). In deciding whether to grant such a continuance, the

2
Case 1:23-cr-00026-GLR Document 63 Filed 05/28/24 Page 3 of 3

Court may consider, inter alia, whether the failure to grant the continuance would deny counsel

for the defendant or the attorney for the government the reasonable time necessary for effective

preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv).

13. The Government submits that the ends of justice served by continuing the trial of

this matter beyond the speedy trial date outweigh the interests of Defendant and the public in a

speedy trial, and, therefore, the resulting delay is permissible pursuant to 18 U.S.C. § 3161(h)(7).

Indeed, after consulting their schedules, the parties agreed to the Court’s proposed December 2,

2024 trial date.

14. In light of the foregoing facts, the Government respectfully requests that the Court

issue an Order finding that the interests of justice served by excluding the time from May 3, 2024,

through and including December 2, 2024, including preparation for trial, outweighs Defendant’s

and the public’s interests in a speedy trial. See 18 U.S.C. § 3161(h)(7).

15. A proposed Order for the Court’s consideration is attached.

Respectfully submitted,

Erek L. Barron
United States Attorney

By: /s/
Paul A. Riley
Assistant United States Attorney
36 S. Charles Street, Fourth Floor
Baltimore, MD 21201
(410) 209-4800 (phone)
(410) 962-3091 (fax)

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