Filed: Feb. 13, 2018
Latest Update: Feb. 13, 2018
Summary: ORDER WILLIAM M. SKRETNY , District Judge . On February 8, 2018, this Court dismissed the remaining counts in the superseding indictment with prejudice on constitutional speedy-trial grounds. United States v. Green , 12-CR-83S (1)(2)(3), 2018 WL 786185 (W.D.N.Y. Feb. 8, 2018). At a status conference the following day, given the interests that both sides have in the defendants' custody status, this Court stayed consideration of the defendants' custody status for three days until February 1
Summary: ORDER WILLIAM M. SKRETNY , District Judge . On February 8, 2018, this Court dismissed the remaining counts in the superseding indictment with prejudice on constitutional speedy-trial grounds. United States v. Green , 12-CR-83S (1)(2)(3), 2018 WL 786185 (W.D.N.Y. Feb. 8, 2018). At a status conference the following day, given the interests that both sides have in the defendants' custody status, this Court stayed consideration of the defendants' custody status for three days until February 12..
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ORDER
WILLIAM M. SKRETNY, District Judge.
On February 8, 2018, this Court dismissed the remaining counts in the superseding indictment with prejudice on constitutional speedy-trial grounds. United States v. Green, 12-CR-83S (1)(2)(3), 2018 WL 786185 (W.D.N.Y. Feb. 8, 2018).
At a status conference the following day, given the interests that both sides have in the defendants' custody status, this Court stayed consideration of the defendants' custody status for three days until February 12, 2018, to allow the government to determine whether it would file an immediate Notice of Appeal.
On February 12, 2018, the government filed a Motion for Reconsideration. (Docket No. 784.)
The following day, the defendants filed a Motion for Release from Custody (Docket No. 785) and the government filed a Motion to Extend the Stay ordered on February 9, 2018, pending this Court's decision on its Motion for Reconsideration (Docket No. 786).
Having considered the motions, this Court now rules as follows. The government's Motion for Reconsideration is DENIED, with decision to follow. The government's Motion to Extend the Stay is GRANTED. The stay is extended through 5:00 p.m. on February 13, 2018, to allow the government the further opportunity to file a Notice of Appeal.1 This Court will resolve all custody-related motions (Docket Nos. 757, 759, 785) and determine the defendants' custody status following expiration of the stay, which will not be further extended.
