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United States v. Young

United States District Court for the District of Colorado

July 13, 2020, Decided; July 13, 2020, Filed

Criminal Action No. 19-cr-00496-CMA

Opinion

SUA SPONTE ORDER EXCLUDING 60 DAYS FROM THE SPEEDY TRIAL CLOCK PURSUANT TO 18 U.S.C. § 3161(h)(7)(A) AND VACATING TRIAL-RELATED HEARINGS AND DEADLINES

This matter is before the Court sua sponte. For the following reasons, the Court vacates the trial and related hearings in this case and excludes 60 days from the speedy trial clock.

I. ANALYSIS

The Speedy Trial Act dictates that if a defendant is charged by indictment with the commission of an offense, trial "shall commence within seventy days from the filing date . . . of the . . . indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs." 18 U.S.C. § 3161(c)(1). However, the Speedy Trial Act provides many exceptions during which periods of delay in a defendant's trial are excluded from the seventy-day trial clock. As relevant in this case, the Speedy Trial Act excludes "[a]ny period of delay resulting from a continuance granted [*2]  by any judge on [her] own motion . . . if the judge granted [the] continuance on the basis of [her] findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). Such a continuance is warranted in this case.

Pursuant to a General Order issued on June 15, 2020, Chief Judge Philip Brimmer made the following findings regarding court operations during the COVID-19 pandemic:

• the COVID-19 (Coronavirus Disease) outbreak remains a national public health emergency, the Centers for Disease Control and Prevention ("CDC"), the Colorado Department of Public Health and Environment, and the Denver Department of Public Health and Environment continue to advise taking measures to slow the spread of the disease and precautions to reduce the possibility of exposure to the virus;

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2020 U.S. Dist. LEXIS 122356 *

UNITED STATES OF AMERICA, Plaintiff, v. DAVID YOUNG, Defendant.

Prior History: United States v. Young, 2020 U.S. Dist. LEXIS 39914 (D. Colo., Mar. 9, 2020)

CORE TERMS

speedy, clock