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Order — No. 0:23-cr-00375 (Dkt. 18, D. Minn.)

Summary

An order in United States v. Aditya Raj Sharma, Case No. 23-cr-375 (DSD/TNL), in the U.S. District Court for the District of Minnesota, filed February 13, 2024 as Doc. 18 (3 pages) and signed by Magistrate Judge Tony N. Leung. It grants the defendant's Motion for Continuance of Motion Filing Date and Motion Hearing (ECF No. 17), which the Government does not oppose, and excludes the period from the date of the order through March 4, 2024 from Speedy Trial Act computations. Motions are due March 4, 2024 and responses March 18, 2024. An arraignment hearing, and the motions hearing if required, is set for March 27, 2024 at 9:00 a.m. in Courtroom 9W.

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“Order — No. 0:23-cr-00375 (Dkt. 18, D. Minn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-0-23-cr-00375-dkt-18-d-minn-457baecc85/, SHA-256 654f463eefe9e71687b5d845930c420ed88d5f280c0da6760d3e4bafe5071194.

Full text

        CASE 0:23-cr-00375-DSD-TNL Doc. 18 Filed 02/13/24 Page 1 of 3




                        UNITED STATES DISTRICT COURT
                           DISTRICT OF MINNESOTA


 United States of America,                           Case No. 23-cr-375 (DSD/TNL)

                      Plaintiff,

 v.                                                             ORDER

 Aditya Raj Sharma,

                      Defendant.


      This matter comes before the Court on Defendant Aditya Raj Sharma’s Motion for

Continuance of Motion Filing Date and Motion Hearing, ECF No. 17.

      In the motion, defense counsel states that Defendant was transferred to another

facility and defense counsel “has had a hard time communicating with him” since the

transfer. ECF No. 17 at 1. Defense counsel additionally notes that one of Defendant’s

attorneys has been in trial. The motion seeks a 30-day extension of the motions-filing and

hearing dates. The Government has no objection to the requested continuance.

      The Court subsequently followed up with counsel by e-mail correspondence

regarding the anticipated statement of facts in support of Defendant’s motion, see ECF No.

17 at 1, and learned that defense counsel has had continued difficulty with arranging an

appointment with Defendant at the facility.

      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




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              CASE 0:23-cr-00375-DSD-TNL Doc. 18 Filed 02/13/24 Page 2 of 3




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

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 of Motion Filing Date and Motion

Hearing, ECF No. 17, is GRANTED.

         2.       As soon as practicable, defense counsel shall file the supporting statement of

facts.

         3.       The period of time from the date of this Order through March 4, 2024,

shall be excluded from Speedy Trial Act computations in this case.

         4.       An arraignment hearing will be held before Magistrate Judge Tony N. Leung

on March 27, 2024, at 9:00 a.m., in Courtroom 9W, Diana E. Murphy United States

Courthouse, 300 South Fourth Street, MINNEAPOLIS, Minnesota.

         5.       All motions in the above-entitled case must be filed and served consistent

with Federal Rules of Criminal Procedure 12(b) and 47 on or before March 4, 2024. See

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

delivered directly to the chambers of Magistrate Judge Tony N. Leung.

         6.       Counsel must electronically file a letter on or before March 4, 2024, if no

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

         7.       All responses to motions must be filed by March 18, 2024. See D. Minn.

LR 12.1(c)(2).



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           CASE 0:23-cr-00375-DSD-TNL Doc. 18 Filed 02/13/24 Page 3 of 3




      8.       Any Notice of Intent to Call Witnesses must be filed by March 18, 2024.

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

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

21, 2024. See D. Minn. LR 12.1(c)(3)(B).

      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 identifies
                     in the motions 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 must be heard before Magistrate Judge Tony

N. Leung on March 27, 2024, at 9:00 a.m., in Courtroom 9W, Diana E. Murphy United

States Courthouse, 300 South Fourth Street, MINNEAPOLIS, Minnesota. See D. Minn.

LR 12.1(d).

      12.      TRIAL: The trial date, and other related dates, will be rescheduled

following the ruling on pretrial motions. Counsel must contact the Courtroom

Deputy for District Judge David S. Doty to confirm the new trial date.




Dated: February     13   , 2024                         s/ Tony N. Leung
                                                 TONY N. LEUNG
                                                 United States Magistrate Judge
                                                 District of Minnesota

                                                 United States v. Sharma
                                                 Case No. 23-cr-375 (DSD/TNL)

                                             3


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