United States v. Degrave ( 2021 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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UNITED STATES OF AMERICA )
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v. ) Criminal No. 21-0090 (PLF)
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NATHANIEL J. DEGRAVE, )
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Defendant. )
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MEMORANDUM OPINION AND ORDER
The defendant in this case, Nathaniel J. DeGrave, and the defendant in Criminal
No. 21-0088, Ronald L. Sandlin, are charged with engaging in concerted activity as described by
the government and the same video evidence is relevant to both proceedings. For whatever
reason, the government chose not to charge them in the same indictment so that these two
defendants would be before the same judge. In view of that fact and of the asserted relative
culpability of these two defendants, the Court thinks it appropriate for a decision on pretrial
detention with respect to Mr. Sandlin to be rendered prior to a decision with respect to Mr.
DeGrave. The Court therefore will vacate the detention hearing currently set for April 2, 2021
at 10:00 a.m. and will reschedule the hearing as soon as practicable following a ruling by Judge
Friedrich concerning pretrial detention of Mr. Sandlin in Criminal No. 21-0088.
For the reasons described herein, it is in the interests of justice to continue to toll
the running of the Speedy Trial Act for a reasonable time until the detention hearing is
rescheduled. 18 U.S.C. § 3161(h)(7)(A). In addition, this period of time is properly excluded
under the Speedy Trial Act as the time from the filing of a pretrial motion through the conclusion
of the hearing on such motion. 18 U.S.C. § 3161(h)(1)(D). It therefore is hereby
ORDERED that the detention hearing previously scheduled for April 2, 2021
at 10:00 a.m. is VACATED; it is
FURTHER ORDERED that a new date for the detention hearing in this case will
be set after Judge Friedrich rules on Mr. Sandlin’s Motion to Lift Preventive Detention in
Criminal No. 21-0088; and it is
FURTHER ORDERED that in the interests of justice and because a pretrial
motion is pending, the time from April 2, 2021 through and including the date of the rescheduled
detention hearing is excluded from the Speedy Trial Act computation.
SO ORDERED.
____/s/____________________
PAUL L. FRIEDMAN
United States District Judge
DATE: April 1, 2021
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