CASE 0:23-cr-00156-SRN-TNL Doc. 196 Filed 12/11/23 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`Case No. 23-cr-156 (SRN/TNL)
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`ORDER
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`United States of America,
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`Plaintiff,
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`v.
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`Desean James Solomon (1),
`Jamaal Rashed Rice (2),
`Leontawan Lentez Holt (3),
`Michael Allen Burrell (4), and
`Andrew Calvin Noble (5),
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`Defendants.
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`This matter is set for a motions hearing on December 14, 2023. ECF No. 173 at 4.
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`Defendant Jamaal Rashed Rice, through his counsel, has filed a Motion for a
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`Continuance, ECF No. 194, and a Motion to Exclude Time Under the Speedy Trial Act,
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`ECF No. 195.1 Defense counsel states that Rice recently tested positive for COVID-19
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`and is currently being quarantined at the facility where he is detained. ECF No. 194 at 1.
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`Defense “counsel has been unable to confer with [Rice] or determine the severity of his
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`symptoms.” ECF No. 194 at 1. Defense counsel does not object to Rice’s motions being
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`heard separately from the motions of his co-defendants, but requests that the motions
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`hearing be continued as to Rice under the circumstances. The Government has no
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`objection to the requested continuance. It is not clear how long Rice will need to be
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`quarantined.
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`1 Defendant counsel notes that “[a]n executed Statement of Facts will be filed as soon as [Rice] is out of quarantine
`and can safely meet with counsel.” ECF No. 195 at 1.
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`CASE 0:23-cr-00156-SRN-TNL Doc. 196 Filed 12/11/23 Page 2 of 3
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`This case was previously designed
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`as complex under 18 U.S.C.
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`§ 3161(h)(7)(B)(ii). See generally ECF No. 57. More than 50 pretrial motions have been
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`filed. Because the motions hearing must take place sometime after Rice’s quarantine has
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`ended consistent with the safety protocols of the facility in which he is detained and the
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`interests of justice are served by continuing to keep the Defendants aligned given the
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`complexity of the case and the overlapping nature of the facts and legal issues, IT IS
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`HEREBY ORDERED that Rice’s Motion for a Continuance, ECF No. 194, and Motion
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`to Exclude Time Under the Speedy Trial Act, ECF No. 195, are GRANTED. IT IS
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`FURTHER ORDERED that, as to all Defendants, the criminal motions hearing
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`scheduled for December 14 is CONTINUED to January 5, 2024, at 10:00 a.m.,
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`before the undersigned in Courtroom 9W, Diana E. Murphy U.S. Courthouse, 300
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`South Fourth Street, Minneapolis, Minnesota.
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`The Court finds that the ends of justice served by ordering this continuance
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`outweigh the best interests of the public and Defendants’ right to a speedy trial under 18
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`U.S.C. § 3161(h)(7)(A). In addition, under 18 U.S.C. § 3161(h)(7)(B)(i), the Court finds
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`that a miscarriage of justice would result if time were not excluded under the
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`circumstances. Accordingly, the time period between the date of this Order and
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`January 5, 2024, shall be excluded from Speedy Trial Act computations in this case.
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`See United States v. Mallett, 751 F.3d 907, 911 (8th Cir. 2014) (“Exclusions of time
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`attributable to one defendant apply to all codefendants.” (quotation omitted)); United
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`States v. Arrellano-Garcia, 471 F.3d 897, 900 (8th Cir. 2006) (same); see also 18 U.S.C.
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`§ 3161(h)(7)(6) (excluding “[a] reasonable period of delay when the defendant is joined
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`CASE 0:23-cr-00156-SRN-TNL Doc. 196 Filed 12/11/23 Page 3 of 3
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`for trial with a codefendant as to whom the time for trial has not run and no motion for
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`severance has been granted”); Henderson v. United States, 476 U.S. 321, 323 n.2 (1986)
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`(“[a]ll defendants who are joined for trial generally fall within the speedy trial
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`computation of the latest codefendant”); United States v. Cordova, 157 F.3d 587, 598-99
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`(8th Cir. 1998).
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`Dated: December 11
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`, 2023
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`s/ Tony N. Leung
`Tony N. Leung
`United States Magistrate Judge
`District of Minnesota
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`United States v. Solomon et al.
`Case No. 23-cr-156 (SRN/TNL)
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`3
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