United States v. Khobragade

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

, New York Law Journal

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Magistrate Judge Sarah Netburn

Khobragade was arrested, and appeared for presentment on a criminal complaint, on Dec. 12, 2013. She consented to waiver of Federal Rule of Criminal Procedure 5.1(c)'s time limits and agreed to a Jan. 13, 2014, preliminary hearing date. On Jan. 6, she sought a 30-day adjournment of her preliminary hearing—until Feb. 12—arguing that the impending hearing date negatively affected counsel's ability to engage in productive plea negotiations. Finding good cause not shown, the court denied Khobragade's adjournment request. Discussing the Speedy Trial Act's 30-day time limit, the court observed that because she was arrested on Dec. 12, 2013, Khobragade must be indicted (or the government file an information against her) by Jan. 13, 2014. Thus extension of he preliminary hearing date pursuant to Rule 5.1(d) will not relieve the pressures identified by Khobragade. Nor could she extend the Speedy Trial Act time limits by filing a waiver. Citing United States v. Kelly and the factors outlined in 18 USC §3161(h)(7)(B), the court determined that because Khobragade did not submit a motion under §3161(h)(7), it was not aware of any grounds upon which it could grant Khobragade a continuance in furtherance of the ends of justice.

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