Order — No. 0:22-cr-00130 (Dkt. 20, D. Minn.)

Summary

An order in United States v. Takara Hughes, Case No. 22-cr-130 (ADM/TNL), in the U.S. District Court for the District of Minnesota, filed August 12, 2022 as Doc. 20 (4 pages) and signed by Magistrate Judge Tony N. Leung. It grants the defendant's Motion for Continuance (ECF No. 16) of the motions-filing deadline and her Motion to Exclude Time Under the Speedy Trial Act (ECF No. 17), citing General Order No. 36 on COVID-19 court operations. The period from August 9 through October 4, 2022 is excluded from Speedy Trial Act computations. Motions are due September 7, 2022 and responses September 21, 2022, and a motions hearing, if required, is set for October 4, 2022 at 1:30 p.m. in Courtroom 9W.

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Full text

CASE 0:22-cr-00130-ADM-TNL Doc. 20 Filed 08/12/22 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

United States of America, Case No. 22-cr-130 (ADM/TNL)

Plaintiff,

v. ORDER

Takara Hughes,

Defendant.

This matter comes before the Court 1 on Defendant Takara Hughes’s Motion for

Continuance, ECF No. 16, and Motion to Exclude Time Under the Speedy Trial Act, ECF

No. 17. Defendant has also filed a Statement of Facts in Support of Exclusion of Time

Under the Speedy Trial Act, ECF No. 18.

Defendant moves to continue the motions-filing deadline for 30 days, due to,

among other things, “voluminous” discovery. ECF No. 16 at 1. The Government has no

objection to the requested extension. ECF No. 16 at 1.

Additionally, beginning on March 13, 2020, and continuing thereafter, the Chief

District Judge for the United States District Court for the District of Minnesota, has issued

a series of General Orders in connection with the COVID-19 pandemic, addressing, among

other things, criminal proceedings and trials. 2 On June 1, 2022, the Chief Judge entered

General Order No. 36, which allows limited in-person proceedings for defendants who

1
This matter was reassigned due to the retirement of Magistrate Judge Becky R. Thorson. ECF No. 19.
2
All General Orders related to the COVID-19 pandemic may be found on the Court’s website at
https://www.mnd.uscourts.gov/coronavirus-covid-19-guidance.

1
CASE 0:22-cr-00130-ADM-TNL Doc. 20 Filed 08/12/22 Page 2 of 4

decline to consent to conducting the proceeding using videoconferencing, or telephone

conferencing if videoconferencing is not reasonably available. See generally In re:

Updated Guidance to Court Operations Under the Exigent Circumstances Created by

COVID-19, Gen. Order No. 36 (D. Minn. June 1, 2022). General Order No. 36 states that

because only limited in-person proceedings may be held each day, criminal proceedings

may be continued until the date that the criminal proceeding takes place.

General Order No. 36 continues to encourage the use of videoconferencing in

criminal proceedings and states that, with the defendant’s consent, criminal proceedings

will be conducted by videoconferencing, or telephone conferencing if videoconferencing

is not reasonably available. 3 General Order No. 36 further provides that the presiding judge

will enter orders in individual cases to extend deadlines and exclude time under the Speedy

Trial Act to address delays attributable to COVID-19. Accordingly, should Defendant

file pretrial motions, counsel shall also file a letter indicating whether Defendant

consents to a motions hearing by videoconference.

Pursuant to 18 U.S.C. § 3161(h), this Court finds that the ends of justice served by

granting a continuance outweigh the best interests of the public and Defendant in a speedy

trial and such continuance is necessary to provide Defendant and her counsel reasonable

3
See also General Order No. 35, which went into effect on March 21, 2022, vacated General Order No. 33, and
extended the Court’s authorization to conduct certain criminal proceedings via video or telephone conference
pursuant to the CARES Act “[b]ecause the emergency created by the COVID-19 outbreak continues to materially
affect the functioning of court operations in the District of Minnesota.” In re: Updated Guidance to Court
Operations Under the Exigent Circumstances Created by COVID-19, Gen. Order No. 35 (D. Minn. March 21,
2022).

2
CASE 0:22-cr-00130-ADM-TNL Doc. 20 Filed 08/12/22 Page 3 of 4

time necessary for effective preparation and to make efficient use of the parties’ resources.

Based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

1. Defendant’s Motion for Continuance, ECF No. 16, is GRANTED.

2. Defendant’s Motion to Exclude Time Under the Speedy Trial Act, ECF No.

17, is GRANTED.

3. The period of time from August 9 through October 4, 2022, shall be

excluded from Speedy Trial Act computations in this case.

4. All motions in the above-entitled case shall be filed and served consistent

with Federal Rules of Criminal Procedure 12(b) and 47 on or before September 7, 2022.

D. Minn. LR 12.1(c)(1). Two courtesy copies of all motions and responses shall be

delivered directly to the chambers of Magistrate Judge Leung.

5. Should Defendant file pretrial motions, counsel shall also file a letter on

or before September 7, 2022, indicating whether Defendant consents to a motions

hearing by videoconference.

6. Counsel shall electronically file a letter on or before September 7, 2022, if

no motions will be filed and there is no need for hearing.

7. All responses to motions shall be filed by September 21, 2022. D. Minn. LR

12.1(c)(2).

8. Any Notice of Intent to Call Witnesses shall be filed by September 21, 2022.

D. Minn. LR. 12.1(c)(3)(A).

9. Any Responsive Notice of Intent to Call Witnesses shall be filed by

September 26, 2022. D. Minn. LR 12.1(c)(3)(B).

3
CASE 0:22-cr-00130-ADM-TNL Doc. 20 Filed 08/12/22 Page 4 of 4

10. A motions hearing will be held pursuant to Federal Rules of Criminal

Procedure 12(c) where:

a. The government makes timely disclosures and a defendant pleads
particularized matters for which an evidentiary hearing is necessary;
or

b. Oral argument is requested by either party in its motion, objection or
response pleadings.

11. If required, the motions hearing shall take place before the undersigned

on October 4, 2022, at 1:30 p.m., in Courtroom 9W, Diana E. Murphy U.S.

Courthouse, 300 South Fourth Street, Minneapolis, Minnesota. D. Minn. LR 12.1(d).

12. TRIAL: The trial and other related dates will be set by separate order.

Dated: August 12 , 2022 s/ Tony N. Leung
TONY N. LEUNG
United States Magistrate Judge
District of Minnesota

United States v. Hughes
Case No. 22-cr-130 (ADM/TNL)

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