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Case 1:20-cr-00330-PAE Document653_ Filed 04/01/22 Page 40 of 40 selection process was highly unfortunate, but not deliberate. The Court further concludes that Juror 50 harbored no bias toward the Defendant and could serve as a fair and impartial juror. The requirements for a new trial under McDonough are not satisfied. The Defendant’s motion for a new trial pursuant to Rule 33 is therefore DENIED. The Court orders the preparation of the presentence investigation report. With respect to Counts 7 and 8, the Court hereby excludes time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), from today’s date through April 22, 2022. The Court finds that the ends of justice served by granting this exclusion from speedy trial computations outweigh the interests of the public and the Defendant in a speedy trial on these counts because the pending post-trial motions affect the scheduling considerations set forth in the Government’s January 10, 2022 letter. See Dkt. No. 574. The Defendant consents to this exclusion. Dkt. No. 650. The Court will rule on the Defendant’s remaining post-verdict motions in due course. Sentencing remains scheduled for June 28, 2022. This resolves docket numbers 613, 614, 642, 650, and 651. SO ORDERED. Dated: April 1, 2022 MN \) {kf New York, New York ALISON J. NATHAN United States Circuit Judge Sitting by Designation 40 DOJ-OGR-00010363

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Document Details

Filename DOJ-OGR-00010363.jpg
File Size 530.1 KB
OCR Confidence 94.3%
Has Readable Text Yes
Text Length 1,386 characters
Indexed 2026-02-03 17:58:01.760903