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U.S. v. AUSTIN, 15-CR-20609-12. (2017)

Court: District Court, E.D. Michigan Number: infdco20170921a32 Visitors: 15
Filed: Sep. 20, 2017
Latest Update: Sep. 20, 2017
Summary: ORDER SEVERING DEFENDANT FOR TRIAL AND FINDING EXCLUDABLE DELAY ROBERT H. CLELAND , District Judge . Before the court is the Government's Motion to Sever Defendant Richard Barnes from the first trial scheduled for October 10, 2017. (Dkt. # 282.) Having considered the Defendant's response (Dkt. # 294), and for the reasons set forth in the Government's Motion and during the September 18, 2017 hearing on the Motion, the court hereby severs Defendant Barnes from the first trial group and places
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ORDER SEVERING DEFENDANT FOR TRIAL AND FINDING EXCLUDABLE DELAY

Before the court is the Government's Motion to Sever Defendant Richard Barnes from the first trial scheduled for October 10, 2017. (Dkt. # 282.) Having considered the Defendant's response (Dkt. # 294), and for the reasons set forth in the Government's Motion and during the September 18, 2017 hearing on the Motion, the court hereby severs Defendant Barnes from the first trial group and places him in the second trial group, currently scheduled for January 8, 2018.

The Government further requests an Order for Excludable Delay. In support of its request, the Government notes that the investigation pertaining to this case began in 2011 and now involves 19 defendants, multiple law enforcement agencies, evidence from multiple geographic locations, and over 40 witnesses. (Dkt. # 282, Pg. ID 1525.) Based upon consideration of the number of Defendants and charges, and relatedly, the nature and quantity of the Government's evidence, the court concludes that this case is so complex that it is unreasonable to expect adequate preparation for pretrial proceedings and trial within the time limits established by the Speedy Trial Act. Under these circumstances, the need for an excludable delay outweighs the public's and the Defendant's interest in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A); see also United States v. Stone, 461 F. App'x 461, 465 (6th Cir. 2012) (holding that the district court did not abuse its discretion in excluding 10-months from the Speedy Trial Act period when "the nature of the evidence against [defendants was] complex, far-reaching, and immense"). Accordingly,

IT IS ORDERED, pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii), the time between October 5, 2017 and January 8, 2018, shall be excludable in computing the time within which the above-captioned case must commence, and the Government's motion (Dkt. # 282), is hereby GRANTED.

Source:  Leagle

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