USA v. Busch
| New York Western District Court | |
| Case #: | 1:21-mj-01189 |
| Case Filed: | Oct 14, 2021 |
| Last checked: Friday Oct 15, 2021 3:44 AM EDT |
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Defendant
Cody Busch (1)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 10/15/2021 4:08 AM EDT |
| Thursday, October 14, 2021 | ||
| 1 | 1
8
pgs
COMPLAINT as to Cody Busch (1). (EG)
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| 2 | 2 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Initial Appearance as to Cody Busch held on 10/14/2021. Defendant received a copy of the complaint. The government summarizes the charges and potential penalties. Defendant advised of rights. Attorney Anthony J. Lana appears for Cody Busch and advises that he is fully retained. Defendant defers as to a preliminary hearing pending resolution of detention. The government moves for detention. Defendant seeks release on conditions. USPO gives an oral report recommending conditions of release. The court finds conditions of release sufficient. Defendant affirms understanding of conditions and that violation could lead to revocation of release. Defendant released on conditions. FRCrP 48(b) date is discussed and set. STA time excluded. Text Order to follow. DPPA admonition read to government and acknowledged. APPEARANCES: AUSA F. Wright; Defendant with A. Lana; USPO A. McCray (FTR Gold) (EG) | |
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ORDER re Due Process Protections Act admonition re the government's Brady obligations as to Cody Busch. Signed by Hon. Jeremiah J. McCarthy on 10/14/2021. (EG)
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| 4 | 4 TEXT ORDER as to Cody Busch: As agreed to by the parties, pursuant to Fed. R. Crim. P. (Rule) 48(b), the Complaint will be automatically dismissed, without prejudice, on January 14, 2022 at 12:00 p.m. without the need for a further order. The Rule 48(b) deadline will not be extended for ongoing plea negotiations short of an actual plea agreement. Defendant may accelerate the Rule 48(b) dismissal deadline by filing a notice to that effect, in which case the dismissal will occur (without further order) at 12:00 p.m. on the 10th business day thereafter; provided, however, that in no event will the dismissal occur less than 30 or more than 90 days from today's date, unless extended by the court for reasons other than ongoing plea negotiations. Any defendant who is in custody on the Complaint and not subject to another detainer or warrant at that time of the dismissal shall immediately be released from custody, and the conditions of release (including bail) imposed as a result of the Complaint as to any defendant who is not in custody at that time shall immediately terminate. For the reasons stated by the government and agreed to by defendant, the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial, and the time between today and January 14, 2022 is therefore excluded from the Speedy Trial Act calendar pursuant to 18 U.S.C. Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/14/2021. (EG) | |