United States District Court, C.D. California
M. DECKER United States Attorney LAWRENCE S. MIDDLETON
Assistant United States Attorney Chief, Criminal Division
BRANDON D. FOX Chief, Public Corruption and Civil Rights
Section SAURISH APPLEBY-BHATTACHARJEE Assistant United States
Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA
MARINO Attorney for Defendant BYRON DREDD
[PROPOSED] FINDINGS OF FACT
AND CONCLUSIONS OF LAW REGARDING EXCLUDABLE TIME PERIODS
PURSUANT TO SPEEDY TRIAL ACT
HONORABLE GEORGE H. KING UNITED STATES DISTRICT JUDGE
Wednesday, June 22, 2016, the Court held a status conference
in this case. Assistant United States Attorneys Brandon D.
Fox and Saurish Appleby-Bhattacharjee appeared on behalf of
the United States of America. Ms. Nina Marino appeared on
behalf of defendant Byron Dredd ("defendant"), who
status conference the Court and counsel discussed discovery,
defense counsel's need to review and analyze the
discovery and to conduct further investigation, anticipated
defense motions, and therefore the need for a continuance.
COURT HEREBY FINDS AND ORDERS AS FOLLOWS:
indictment was filed in this case on October 16, 2015. (Dkt.
1.) Defendant made his first appearance and was arraigned on
October 30, 2015. (Dkt. 8.) At that time, defendant entered a
plea of not guilty to all charges. (Dkt. 15.) Trial was
originally set to begin before this Court on December 22,
Following a series of stipulations by the parties, this Court
previously made Findings of Fact and Conclusions of Law
Regarding Excludable Time Periods Pursuant to the Speedy
Trial Act, whereby the period from and including November 30,
2015, to and including September 13, 2016, was excluded from
the time within which the trial must begin as required by the
Speedy Trial Act, 18 U.S.C. § 3161, et seq.
(Dkts. 35, 41, 47, 52.)
government produced discovery to defense counsel on December
3, 2016, December 9, 2015, January 13, 2016, February 5,
2016, March 14, 2016, March 29, 2016, May 23, 2016, May 24,
2016, and June 20, 2 016.
Court held a further status conference on June 23, 2016.
Non-party Los Angeles County Sheriff Department
("LASD") produced discovery to defense counsel at
this status conference. Due to the amount of discovery at
issue and the need to receive and review subpoenaed
documents, defense counsel indicated that she will need
additional time to review discovery, conduct investigation,
draft pre-trial motions, and prepare defendant's case for
disposition or trial. The Court previously advised defendant
of his right to a speedy trial. Defense counsel stated that a
continuance was in the interests of justice and was necessary
to review the discovery and prepare defendant's case for
disposition or trial. The Court set trial for September 20,
Thus, based on defense counsel's agreements and based on
the representations as to the status of discovery, the Court
finds that the period from and including June 23, 2016, the
date of the Court's last status conference, to and
including September 20, 2016, the date of trial in this
matter, be excluded from the time within which trial must
begin as required by the Speedy Trial Act, 18 U.S.C. §
3161, et seq., as further time is necessary to
permit defendant the reasonable time necessary for effective
preparation of a defense, taking into account the exercise of
due diligence as set forth in 18 U.S.C. §§
3161(h)(7)(A), (h)(7)(B)(i), and (B)(iv).
Court further finds that the ends of justice served by
continuing the trial date outweigh the interest of the public
and the defendants in a trial within the date originally
prescribed by the Speedy Trial Act.
Court orders defendant and his counsel to appear at the final
pretrial conference on September 12, 2016 at 3:00 p.m., and
on September 20, 2016 at 8:30 a.m. for trial.
Court also orders that defendant shall file pre-trial motions
by no later than August 2, 2016. The government shall file
opposition memoranda by no later than August 16, 2016.
Defendant shall file reply memoranda by no later than August
23, 2016. Pretrial motions ...