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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
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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 |