USA v. Bass
Criminal

Middle District of Florida, flmd-8:2017-cr-00623-345156

ORDER granting {{13}} Unopposed Motion for Determination that the "Ends of Justice" Warrant a Tolling of the Speedy Indictment Deadline as to Harvey Lee Bass. Signed by Magistrate Judge Julie S. Sneed on 10/31/2017. (JR) [8:17-mj-01517-JSS]

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PageID 35 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:17-mj-1517JSS HARVEY LEE BASS ORDER This cause comes before the Court on the United States= Notice of Filing Waiver of Right to Speedy Indictment and Unopposed Motion for Determination that the "Ends of Justice" Warrant a Tolling of the Speedy Indictment Deadline for Defendant Harvey Lee Bass. Docs. 12 and 13. The defendant's waiver is accepted and the government's unopposed motion is hereby GRANTED. Pursuant to the Speedy Trial Act (the "Act"), 18 U.S.C. '' 3161 - 3174, "[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges." See 18 U.S.C. ' 3161(b). The Court, however, may exclude certain periods of time in computing the time within which an information or an indictment must be filed pursuant to the Act. Id. ' 3161(h). PageID 36 On July 25, 2017, the defendant was arrested on a criminal complaint charging him with violating 21 U.S.C. ' 846. Subsequently, on August 21, 2017, the defendant executed a Waiver of Right to Speedy Indictment wherein he agreed to toll the running of the speedy indictment clock up through and including October 31, 2017. Doc. 10. The following day, the government filed an unopposed motion for this Court to make a determination that the "ends of justice" warrant a brief tolling of the speedy indictment clock. Id. The parties continue to negotiate a resolution of this matter. Therefore, on October 30, 2017, the defendant executed a second Waiver of Right to Speedy Indictment wherein he agreed to toll the running of the speedy indictment clock up through and including December 31, 2017. Doc. 12. Based on the defendant's waiver and the representations made in the United States' unopposed motion, the Court finds that the parties are currently negotiating a resolution of the above-referenced case. More time is needed in which to do so. A resolution of this case in a manner that avoids indictment and/or trial, will preserve prosecutorial, judicial, and public resources. Therefore, pursuant to 18 U.S.C. ' 3161(h)(7)(A), the Court finds that the ends of justice served by briefly tolling the time in which the defendant must be charged by information or indictment on the charges in the criminal complaint, as required by 18 U.S.C. ' 3161(b), outweigh the best interest of 2 PageID 37 the public and the defendant in a speedy indictment. Accordingly, the period of time between October 31, 2017, and December 31, 2017, shall be deemed excludable under the Act. 31st day of October, 2017. SO ORDERED this ______ _________________________________ JULIE S. SNEED United States Magistrate Judge 3