USA v. Shanholtzer

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
United States of America v. Moi
Case No. 3:19-cr-00112-2-TMB-SAO
By: 	THE HONORABLE TIMOTHY M. BURGESS
PROCEEDINGS: 	ORDER FROM CHAMBERS
Trial in the above-captioned matter is set to begin on February 22, 2022.1 The Court recently issued
Miscellaneous General Order (“MGO”) 22-03, which continues criminal jury trials set on or before
February 28, 2022, unless the Court makes an exception “as justice requires.”2 For the reasons set
forth below, the Court makes such an exception here and expects trial to proceed on February 22,
2022, as previously reset by the Court.3
Pursuant to MGO 22-03, the Court further FINDS that this case is exceptional and should proceed
to trial at the earliest practicable date. The Court reaches this conclusion after weighing several
factors, many of which were discussed by the Ninth Circuit in United States v. Olsen.4 First, the
Indictment in this case was filed on October 18, 2019, and the Superseding Indictment was filed
on September 18, 2020.5 This case has been pending for more than 24 months, one of the oldest
on the Court’s criminal docket. Requiring this case to go to trial as soon as practicable will help
the Court address its case backlog caused by the COVID-19 pandemic. Second, the parties have
indicated that they are ready to proceed to trial. Third, the defendant has been detained and
awaiting trial since 2019. Finally, and most importantly, the Court concludes that it can safely
conduct a jury trial in this case by imposing COVID-19 safety protocols. The Court discussed
1 Dkt. 516 (Order Resetting Trial).
2 See D. Alaska Misc. Gen. Order (“MGO”) 22-03 at 2.
3 See Dkt. 515 (Minute Entry); Dkt. 516.
4 995 F.3d 683 (9th Cir. 2021). In Olsen, the Ninth Circuit discussed factors courts may consider
when making exclusions under the “ends of justice” provision of the Speedy Trial Act. Id. at 692.
A non-exhaustive list of non-statutory factors that courts should consider includes:
(1) whether a defendant is detained pending trial; (2) how long a defendant has been
detained; (3) whether a defendant has invoked speedy trial rights since the case’s
inception; (4) whether a defendant, if detained, belongs to a population that is
particularly susceptible to complications if infected with the virus; (5) the
seriousness of the charges a defendant faces, and in particular whether the
defendant is accused of violent crimes; (6) whether there is a reason to suspect
recidivism if the charges against the defendant are dismissed; and (7) whether the
district court has the ability to safely conduct a trial. Id.
5 Dkt. 12 (Indictment); and Dkt. 189 (Superseding Indictment).
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various COVID-19 safety protocols for trial at the Motion Hearing on January 7, 2022, including
the use of multiple courtrooms, social distancing where possible, and the use of masks.6
For the foregoing reasons, the Court FINDS that the case is exceptional and should proceed to trial
in the interests of justice. Accordingly, this matter is set to proceed as scheduled with the Final
Pretrial Conference on February 16, 2022, at 10:00 a.m. and Trial by Jury on February 22, 2022
at 8:30 a.m.
Entered at the direction of the Honorable Timothy M. Burgess, United States District Judge.
DATE: January 25, 2022.
6 See Dkt. 515.
Case 3:19-cr-00112-JMK-SAO Document 531 Filed 01/25/22 Page 2 of 2