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
2
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
2
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