United States District Court, D. Minnesota
N. Leung United States Magistrate Judge
December 9, 2019, Defendant Roberto Schiffino 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.)
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:
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
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).
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.
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.
responses to motions must be filed by February 7,
2020. D. Minn. LR 12.1(c)(2).
Notice of Intent to Call Witnesses must be filed by
February 7, 2020. D. Minn. LR.
Responsive Notice of Intent to Call Witnesses must be filed
by February 11, 2020. D. Minn. LR
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.
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 ...