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CASE 0:22-cr-00124-NEB-TNL Doc. 215 Filed 01/24/23 Page 1 of 6
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
United States of America, Case No. 22-cr-124 (NEB/TNL)
Plaintiff,
FIRST AMENDED
v. ARRAIGNMENT NOTICE &
CASE MANAGEMENT ORDER
Abdiaziz Shafii Farah et al.,
Defendants.
Counsel for all parties are instructed to review this Order carefully and in its
entirety as it represents a significant deviation from the schedules that ordinarily
govern criminal cases in the District of Minnesota.
***
This matter comes before the Court on Defendant Mukhtar Mohamed Shariff’s
Motion to Modify Arraignment Order and Exclude Time, ECF No. 211, filed on behalf of
himself and Defendants Abdiaziz Shafii Farah, Mohamed Jama Ismail, Mahad Ibrahim,
Said Shafii Farah, and Abdiwahab Maalim Aftin. 1 Defendant Mukhtar Mohamed Shariff
also filed a Statement of Facts in Support of Exclusion of Time Under Speedy Trial Act,
ECF No. 212, in support of his motion. Defendant Mohamed Jama Ismail subsequently
filed his own Motion to Exclude Time Under the Speedy Trial Act, ECF No. 213, joining
1
The Court previously noted that Defendants Abdiaziz Shafii Farah and Mohamed Jama Ismail have both
“assert[ed] their speedy trial rights to the fullest.” ECF No. 165 at 3 (quotation omitted); see ECF Nos. 155 at 2, 156
at 2. Defendants Abdiaziz Shafii Farah and Mohamed Jama Ismail have joined in Defendant Mukhtar Mohamed
Shariff’s motion. ECF No. 211 at 1; see also ECF No. 213 at 1. The Court additionally notes that Defendants
Abdiaziz Shafii Farah and Mohamed Jama Ismail are no longer in custody. See generally ECF Nos. 202, 203, 204,
209, 208, 209, 210.
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Defendant Mukhtar Mohamed Shariff’s prior motion, and his own Statement of Facts in
Support of Exclusion of Time Under Speedy Trial Act, ECF No. 214. This matter was
previously designated complex under 18 U.S.C. § 3161(h)(7)(B)(ii). See generally ECF
No. 125.
Defendant Mukhtar Mohamed Shariff states that, notwithstanding the Court’s
appointment of a Coordinating Discovery Attorney for court-appointed defense counsel,
see generally ECF No. 172, “the process of gathering the discovery materials, identifying
the discovery review platform that will be used, and installing the materials, is still
underway” and “[e]stimates are that the materials themselves may not be available before
the end of February.” ECF No. 211 at 2. Defendant Mukhtar Mohamed Shariff
additionally states that the discovery that has already been provided to the Coordinating
Discovery Attorney is “extensive” and “span[s] more than 1 terabyte of information.” ECF
No. 211 at 2. Defendant Mukhtar Mohamed Shariff states that this does “not include
evidence of and from the cell phones, laptops, iPads, personal computers, and other
electronic devices that were seized, which likewise have not yet been disclosed.” ECF No.
211 at 1. Defendant Mukhtar Mohamed Shariff moves for a 90-day extension of the
deadlines related to pretrial motions.
In the Court’s prior Arraignment Notice & Case Management Order, the Court
stated that “any response to . . . a [party’s] request [to modify the schedule] shall be filed
within three days.” ECF No. 165 at 8. Defendant Mukhtar Mohamed Shariff’s motion
was filed on January 17, 2023. No responses have been filed.
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Bearing in mind the complexity of this case, the voluminous discovery, and the
absence of any objection to the requested continuance, the Court finds pursuant to 18
U.S.C. § 3161(h) that the ends of justice served by granting a continuance outweigh the
best interests of the public and Defendants in a speedy trial and such continuance is
necessary to provide Defendants and their counsel reasonable time necessary for effective
preparation and to make efficient use of the parties’ resources. Based on the foregoing, IT
IS HEREBY ORDERED that:
1. Defendant Mukhtar Mohamed Shariff’s Motion to Modify Arraignment
Order and Exclude Time, ECF No. 211, is GRANTED.
2. Defendant Mohamed Jama Ismail’s Motion to Exclude Time Under the
Speedy Trial Act, ECF No. 213, is GRANTED.
3. The period of time from January 17 through June 14, 2023, shall be
excluded from Speedy Trial Act computations in this case. See United States v. Mallett,
751 F.3d 907, 911 (8th Cir. 2014) (“Exclusions of time attributable to one defendant apply
to all codefendants.” (quotation omitted)); United States v. Arrellano-Garcia, 471 F.3d
897, 900 (8th Cir. 2006) (same).
4. As to Defendants Mohamed Jama Ismail, Abdimajid Mohamed Nur, and
Hayat Mohamed Nur, an arraignment hearing will be held before the undersigned on June
15, 2023, at 10:00 a.m., in Courtroom 9W, Diana E. Murphy United States Courthouse,
300 South Fourth Street, MINNEAPOLIS, Minnesota.
5. This Court previously issued an Order on Pretrial Disclosure & Preservation,
ECF No. 139, which “proactively addresse[d] certain non-dispositive motions that are
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commonly filed in the District of Minnesota, which seek discovery, notice of intent to
introduce certain types of evidence, preservation of rough notes, and disclosure of evidence
favorable to a defendant under Brady v. Maryland, 373 U.S. 83 (1963), and related
authorities.” ECF No. 139 at 3. “These motions often seek relief that is already required
by the Federal Rules of Criminal Procedure, Federal Rules of Evidence, and federal law.”
ECF No. 139 at 3. “To promote the efficient management of these related cases, the Court
issue[d the Order on Pretrial Disclosure & Preservation] to preemptively address such
matters without the need for each defendant to file multiple motions on these subjects.”
ECF No. 139 at 3. Before filing any pretrial motions, a party shall consult the prior
Order on Pretrial Disclosure & Preservation.
6. 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 May 4, 2023. 2 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. 3
7. Counsel must electronically file a letter on or before May 4, 2023, if no
motions will be filed and there is no need for hearing.
8. All responses to motions must be filed by May 25, 2023. See D. Minn. LR
12.1(c)(2).
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“Before filing a motion under Fed. R. Crim. P. 12(b), the moving party must confer with the responding
party. The parties must attempt in good faith to clarify and narrow the issues in dispute.” D. Minn. LR 12.1(b).
3
U.S. Mail or hand-deliver to 300 South Fourth Street, Suite 9W, Minneapolis, MN 55415.
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9. Any Notice of Intent to Call Witnesses must be filed by May 25, 2023. See
D. Minn. LR. 12.1(c)(3)(A).
10. Any Responsive Notice of Intent to Call Witnesses must be filed by June 1,
2023. See D. Minn. LR 12.1(c)(3)(B).
11. 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.
12. If required, the motions hearing must be heard before Magistrate Judge Tony
N. Leung on June 15, 2023, at 10:00 a.m., in Courtroom 9W, Diana E. Murphy United
States Courthouse, 300 South Fourth Street, MINNEAPOLIS, Minnesota. See D. Minn.
LR 12.1(d). The parties shall be prepared to continue the hearing into June 16, 2023,
if necessary.
13. TRIAL:
a. IF NO PRETRIAL MOTIONS ARE FILED BY A
DEFENDANT, the following trial and trial-related dates are:
All voir dire questions, motions for counsel to participate in voir dire, and jury
instructions must be submitted to District Judge Nancy E. Brasel on or before August 8,
2023.
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This case must commence trial on August 22, 2023 at 9:00 a.m. before District
Judge Nancy E. Brasel in Courtroom 13W, Diana E. Murphy United States Courthouse,
300 South Fourth Street, MINNEAPOLIS, Minnesota.
b. IF PRETRIAL MOTIONS ARE FILED, the trial date, and other
related dates, including but not limited to motions for counsel to participate in voir
dire, will be rescheduled following the ruling on pretrial motions. Counsel must
contact the Courtroom Deputy for District Judge Nancy E. Brasel to confirm the new
trial date.
14. Should a party request modification of this schedule, any response to
such a request shall be filed within three days.
15. All prior consistent orders relating to the Superseding Indictment remain in
full force and effect.
16. Failure to comply with any provision of this Order or any other prior
consistent Order shall subject the non-complying party, non-complying counsel and/or the
party such counsel represents to any and all appropriate remedies, sanctions and the like.
Date: January 24 , 2023 s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
United States v. Farah et al.
Case No. 22-cr-124 (NEB/TNL)
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