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Order — United States v. David Staveley a/k/a “Kurt Sanborn”, No. 1:20-MJ-00034-LDA (Dkt. 18, D.R.I.)

Summary

Magistrate Judge Lincoln D. Almond of the District of Rhode Island signed this order on May 22, 2020 in United States v. David Staveley, a/k/a 'Kurt Sanborn', Case No. 1:20-MJ-00034-LDA. On the government's motion, the order excludes the period from May 5, 2020 to June 30, 2020 from the thirty-day period for filing an indictment or information under 18 U.S.C. section 3161(b). It finds that the court cancelled all juries and grand juries on March 19, 2020 because of the COVID-19 pandemic and on May 6, 2020 extended the cancellation of grand juries until June 30, 2020. It also finds that with no grand juries available until at least July 2020, the ends of justice served by the exclusion outweigh any interest in a speedy indictment and trial.

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Full text

  Case 1:20-mj-00034-LDA Document 18 Filed 05/22/20 Page 1 of 2 PageID #: 98




                             UNITED STATES DISTRICT COURT
                               DISTRICT OF RHODE ISLAND


 UNITED STATES OF AMERICA
                                                  Case No. 1:20-MJ-00034-LDA
                v.

 DAVID STAVELEY,
 a/k/a “Kurt Sanborn”

                                             ORDER

       The United States having moved this Court for an Order excluding the period of time

beginning on May 5, 2020 and extending to June 30, 2020 from the thirty day period within which

an indictment or information must be filed against Defendant under 18 U.S.C. § 3161(b), and upon

consideration thereof;

       IT IS THE FINDING OF THIS COURT that the ends of justice served by excluding the

aforementioned time period outweigh the interest of the public and any interest the Defendant may

have in a speedy indictment and trial, for the following reasons:

       1.      On March 19, 2020, the District Court for the District of Rhode Island entered a

General Order cancelling all juries and grand juries due to the COVID-19 pandemic through May

2020. On May 6, 2020, the Court entered an Order extending the cancellation of grand juries until

June 30, 2020. The Court specifically ordered that due to the unavailability of grand juries during

the months of May and June 2020, the 30 day period for filing an Indictment is tolled for each

defendant pursuant to 18 U.S.C. § 3161(b).

       2.      As there are no grand juries available until at least July 2020, the United States

has no means of presenting the case against Defendant to a grand jury for the consideration of an

indictment.
  Case 1:20-mj-00034-LDA Document 18 Filed 05/22/20 Page 2 of 2 PageID #: 99




       3.      The ends of justice will be served by excluding the aforementioned time period and

that such ends of justice and interests of Defendant outweigh any interest Defendant or the public

may have in a speedy indictment and/or trial.

       WHEREFORE, it is on this day ORDERED that the period of time beginning on May 5,

2020 and extending to June 30, 2020 is excluded from the period within which an indictment or

information must be filed against Defendant under 18 U.S.C. § 3161(b).



 /s/ Lincoln D. Almond
HON. LINCOLN D. ALMOND
UNITED STATES MAGISTRATE JUDGE
DISTRICT OF RHODE ISLAND


Dated: May 22, 2020




                                                -2-


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