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United States v. Schiffino

United States District Court, D. Minnesota

January 3, 2020

United States of America, Plaintiff,
v.
Roberto Schiffino, Defendant.

          ORDER

          Tony N. Leung United States Magistrate Judge

         On December 9, 2019, Defendant Roberto Schiffino[1] filed a “Motion for Continuance of Deadline for Filing Motions Motions Hearing Date and Trial Date for a Period of Ninety Days” (ECF No. 437). In the motion, Defendant requested a 90-day extension of the deadlines for filing motions, the motions hearing, and trial due to voluminous discovery produced by the Government. On January 2, 2020, Defendant filed a “Statement of Facts in Support of Exclusion of Time Under the Speedy Trial Act” (“Statement of Facts”) (ECF No. 474). In the Statement of Facts, Defendant “request[ed] that the Court grant [his] attorney an additional 30 days from the date of this document to file motions on [his] behalf.” (ECF No. 474 at 1.) The Statement of Facts is dated December 24, 2019. (ECF No. 474 at 2.) The Government does not oppose Defendant's request for a continuance. (ECF No. 437 at 1.)

         Pursuant to 18 U.S.C. § 3161(h), this Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and Defendant in a speedy trial and such continuance is necessary to provide Defendant and his attorney 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 Deadline for Filing Motions Motions Hearing Date and Trial Date for a Period of Ninety Days” (ECF No. 437) is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART.

         2. The period of time from December 9, 2019 through February 14, 2020, 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).

         3. 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 January 24, 2020. 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 Leung.[2]

         4. Counsel must electronically file a letter on or before January 24, 2020, if no motions will be filed and there is no need for hearing.

         5. All responses to motions must be filed by February 7, 2020. D. Minn. LR 12.1(c)(2).

         6. Any Notice of Intent to Call Witnesses must be filed by February 7, 2020. D. Minn. LR. 12.1(c)(3)(A).

         7. Any Responsive Notice of Intent to Call Witnesses must be filed by February 11, 2020. D. Minn. LR 12.1(c)(3)(B).

         8. 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.

         9. If required, the motions hearing must be heard before Magistrate Judge Tony N. Leung on February 14, 2020, at 1:00 p.m., in Courtroom 9W, U.S. Courthouse, 300 South ...


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