United States District Court, E.D. California
ORDER CONTINUING HEARING AND EXCLUDING TIME UNDER THE
SPEEDY TRIAL ACT
GARIAND E. BURRELL SENIOR UNITED STATES DISTRICT JUDGE.
reasons set forth in the Stipulation to Continue Hearing and
Exclude Time Under the Speedy Trial Act, filed by
Respondent/Plaintiff United States of America (the
“government”) and Petitioner/Defendant, Hamid
Hayat, and for good cause shown, the Court finds:
July 30, 2019, this Court entered an order vacating
Hayat's conviction and sentence after finding that
Hayat's privately-retained defense counsel, Wahzma
Mojaddidi, provided him with Constitutionally ineffective
representation during his 2006 criminal trial.
Thereafter, on or about August 9, 2019, the Court granted the
parties' joint stipulation permitting Hayat's release
from custody under conditions set forth in the Court's
order. Hayat was released the same day.
the parties' request, the Court also scheduled a status
conference in this matter for September 20, 2019. Pursuant to
the Speedy Trial Act, 18 U.S.C. § 3161, et seq., the
Court excluded the time between August 9, 2019, and September
20, 2019, from the calculation of time within which a retrial
must commence. Thereafter, at the parties' request, the
Court rescheduled the status conference to November 22, 2019,
and excluded the time between September 20, 2019, and
November 22, 2019, from the calculation of time within which
a re-trial must commence.
parties now jointly seek to continue the status hearing
currently scheduled for November 22, 2019, to December 20,
2019, and seek a further exclusion of time for the purpose of
computing the deadline under the Speedy Trial Act by which a
re-trial must commence.
parties agree that a re-trial in this matter will require
substantial preparation by defense counsel, including a fresh
review of all pre-trial discovery, which includes hours of
recorded conversations and other exhibits, identification and
preparation of experts and other defense witnesses, and
potential pursuit of security clearances or co-counsel in
possession of such clearances. Consequently, the parties
jointly request this Court exclude for purposes of
calculating the deadline by which a re-trial must commence
under the Speedy Trial Act, the period between November 22,
2019, and December 20, 2019, pursuant to 18 U.S.C. §
3161(h)(7)(B)(iv), Local Code T4.
parties stipulate and agree that defense counsel believes
that failure to grant the above-requested continuance would
deny defense counsel the reasonable time necessary for
effective preparation, taking into account the exercise of
parties stipulate and agree that the ends of justice served
by excluding time as set forth in this stipulation outweigh
the interest of the public and Hayat in a trial within the
original date prescribed by the Speedy Trial Act.
parties further agree and stipulate that they will move to
vacate the status conference should the United States decide
not to pursue a re-trial in this matter, and, in that
instance, the release conditions set forth in the Court's
August 9, 2019 Order shall terminate upon the United
States' filing of a motion to dismiss the Second
Nothing in this order shall preclude a finding that other
provisions of the Speedy Trial Act dictate that additional
time periods are excludable from the period within which a
trial must commence.
pursuant to the parties' stipulation and for good cause
shown, it is hereby
that, the status conference to address scheduling for a
re-trial in this matter, currently scheduled for November 22,
2019, is continued to December 20, 2019; and it is further
that, under Local Code T4, the period between November 22,
2019, and December 20, 2019, shall be excluded for purposes
of calculating the deadline by which a re-trial must commence
under the Speedy ...