USA v. Raby

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, 	Case No. 3:24-cr-78
vs.
JOHN RABY, 	District Judge Michael J. Newman
Defendant.
______________________________________________________________________________
ORDER: (1) GRANTING DEFENDANT’S UNOPPOSED ORAL MOTION TO
CONTINUE THE CASE FOR 60 DAYS; (2) TOLLING THE SPEEDY TRIAL ACT
DEADLINE FOR 60 DAYS; (3) EXCLUDING THE TIME FROM FEBRUARY 23, 2026
TO APRIL 24, 2026 FROM THE SPEEDY TRIAL ACT CALCULATION; (4) FINDING
THAT THE SPEEDY TRIAL ACT DEADLINE IS JUNE 16, 2026; (5) VACATING THE
FEBRUARY 23, 2026 TRIAL DATE; AND (6) SETTING A TELEPHONE STATUS
CONFERENCE ON MARCH 30, 2026 AT 2:00 P.M. FOR THE PURPOSE OF
SCHEDULING A TRIAL DATE
______________________________________________________________________________
On January 21, 2026, the Court held a telephone status conference with the parties. AUSA
Kelly Rossi appeared on behalf of the Government and attorney Jon Paul Rion appeared on behalf
of Defendant. During the status conference, Defendant, through counsel, made an unopposed oral
motion to continue the case for 60 days. For the reasons discussed during the January 21st status
conference, for good cause shown, and pursuant to the requirements of the Speedy Trial Act, the
Court GRANTS Defendant’s unopposed oral motion and TOLLS the Speedy Trial Act deadline
for 60 days.
The Court finds that, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (B)(i), after considering the
factors set forth therein, the ends of justice are served by granting a continuance and that such
continuance outweighs the best interest of the public and Defendant in a speedy trial. Failure to
continue would deny both the Government and Defendant the time necessary for effective trial
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preparation and the ability to explore all available means of resolving this case. See 18 U.S.C.
§ 3161(h)(7).
Consequently, the time from February 23, 20261 until April 24, 2026 is EXCLUDED in
computing the time period set forth in 18 U.S.C. § 3161 within which the Government must bring
Defendant to trial. Accounting for the time excluded from the Speedy Trial Act calculation, the
new Speedy Trial Act deadline in the instant case is June 16, 2026.2 The Court VACATES the
February 23, 2026 trial date. The Court SETS a telephone conference on March 30, 2026 at 2:00
P.M. before Judge Newman for the purpose of scheduling a trial date.
To join the Zoom teleconference, counsel and participants shall call 1-646-828-7666.
Three steps are then needed to log into the Zoom teleconference: 1) enter the Meeting ID: 160 363
3497 and #; 2) Press # (again) to join as a participant; and 3) enter the Passcode: 098 663 and #.
If you have any difficulties joining the teleconference, please call Chambers at 937-512-1640.
IT IS SO ORDERED.
January 28, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
1 The Court previously tolled the Speedy Trial Act deadline through February 23, 2026. See Doc. No. 36.
2 If counsel disagrees with this calculation, counsel shall file a notice containing their proposed Speedy
Trial Act calculation and deadline.
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