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Stipulation and Proposed Order to Continue the Preliminary Hearing and Find Excludable Delay — United States v. Raphael Smiley, No. 21-30462 (Dkt. 13, E.D. Mich.)

Summary

A stipulation and order in United States v. Raphael Smiley, Crim. Case No. 21-30462, in the U.S. District Court for the Eastern District of Michigan, filed January 11, 2022 as ECF No. 13. The parties agree to postpone the preliminary hearing from January 12, 2022 to March 16, 2022 and ask that the time between be treated as excludable delay under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7). They explain that they are exploring Pretrial Diversion and need time for the defendant to meet with Pretrial Services, for a report on whether the defendant is an appropriate candidate, and for an agreement on terms. In an order dated January 11, 2022, Magistrate Judge Anthony P. Patti finds that the ends of justice outweigh a speedy trial, finds good cause under Rule 5.1(d), and continues the hearing to March 16, 2022.

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     Case 2:21-mj-30462-DUTY ECF No. 13, PageID.35 Filed 01/11/22 Page 1 of 4




                             United States District Court
                             Eastern District of Michigan

United States of America,

         Plaintiff,
                                               Crim Case No. 21-30462
v.
                                               Hon. Anthony P. Patti
Raphael Smiley,

         Defendant,



                  Stipulation and Proposed Order to Continue the
                  Preliminary Hearing and Find Excludable Delay


      The parties stipulate to continue the preliminary hearing from January 12, 2022

to March 16, 2022. The parties further stipulate, and jointly move for the Court to

find, that the time between January 12, 2022 and March 16, 2022 qualifies as

excludable delay under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), because the

ends of justice served by the granting of the requested continuance outweigh the

best interests of the public and the defendant in a speedy trial. The parties also

stipulate that there is good cause for the requested continuance under Federal Rule

of Criminal Procedure 5.1(d). The parties’ reasons for the continuance and for a

finding of excludable delay and good cause are as follows:

      The parties are exploring the possibility of Pretrial Diversion, as

        contemplated by 18 U.S.C. § 3161(2), and need additional time for the
  Case 2:21-mj-30462-DUTY ECF No. 13, PageID.36 Filed 01/11/22 Page 2 of 4




      defendant to meet with the U.S. Pretrial Services Agency; for Pretrial

      Services to generate a report as to whether the defendant is an appropriate

      candidate for diversion; for the attorney for the government to review the

      report; and for the parties to reach a final agreement as the terms of any such

      diversion.

The parties therefore request that the Court find that the ends of justice served by

the granting of this continuance outweigh the best interests of the public and the

defendant in a speedy trial.



Respectfully submitted,

DAWN N. ISON
United States Attorney

s/Ryan A. Particka                            s/Benton C. Martin
 Ryan A. Particka                             Benton C. Martin
 Assistant United States Attorney             Attorney for Defendant
 211 W. Fort Street, Suite 2001               Federal Community Defender
 Detroit, MI 48226                            613 Abbott St., Suite 500,
 ryan.particka@usdoj.gov                      Detroit, Michigan 48226
 (313) 226-9635                               Benton_Martin@fd.org
                                              313-967-5832




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     Case 2:21-mj-30462-DUTY ECF No. 13, PageID.37 Filed 01/11/22 Page 3 of 4




                             United States District Court
                             Eastern District of Michigan

United States of America,

         Plaintiff,
                                               Crim. Case No. 21-30462
v.
                                               Hon. Anthony P. Patti
Raphael Smiley,

         Defendant,


                             Order Continuing the
                Preliminary Hearing and Finding Excludable Delay


      The Court has considered the parties’ stipulation and joint motion to continue

the preliminary hearing and for a finding that the time from January 12, 2022 to

March 16, 2022, qualifies as excludable delay under the Speedy Trial Act, 18

U.S.C. § 3161(h)(7). For the reasons described in the parties’ submission, and after

considering the factors listed in § 3161(h)(7)(B), the Court finds that the ends of

justice served by granting the parties’ requested continuance outweigh the best

interests of the public and the defendant in a speedy trial and that the time from

January 12, 2022 to March 16, 2022, qualifies as excludable delay under

§ 3161(h)(7). Specifically, the Court finds that:

      The parties are exploring the possibility of Pretrial Diversion, as

        contemplated by 18 U.S.C. § 3161(2), and need additional time for the
  Case 2:21-mj-30462-DUTY ECF No. 13, PageID.38 Filed 01/11/22 Page 4 of 4




      defendant to meet with the U.S. Pretrial Services Agency; for Pretrial

      Services to generate a report as to whether the defendant is an appropriate

      candidate for diversion; for the attorney for the government to review the

      report; and for the parties to reach a final agreement as the terms of any such

      diversion.

    For the same reasons, the Court also finds that there is good cause for the

requested continuance under Federal Rule of Criminal Procedure 5.1(d).

    IT IS THEREFORE ORDERED that the preliminary hearing will be continued

from January 12, 2022 to March 16, 2022, and that the time from January 12, 2022

to March 16, 2022 shall constitute excludable delay under the Speedy Trial Act, 18

U.S.C. § 3161(h)(7), because the Court finds that the ends of justice served by the

granting of the continuance outweigh the best interests of the public and the

defendant in a speedy trial.




Dated: January 11, 2022                       s/Anthony P. Patti
                                              Anthony P. Patti
                                              United States Magistrate Judge




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