Case 3:16-cr-00440-WHA Document 77 Filed 03/09/19 Page 1 of 4 1 DAVID L. ANDERSON (CABN 149604) United States Attorney 2 HALLIE HOFFMAN (CABN 210020) 3 Chief, Criminal Division 4 MICHELLE J. KANE (CABN 210579) MATTHEW A. PARRELLA (NYBN 2040855) 5 Assistant United States Attorneys 6 7 8 1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: (510) 637-3680 FAX: (510) 637-3724 michelle.kane3@usdoj.gov matthew.parrella@usdoj.gov 9 Attorneys for United States of America 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 UNITED STATES OF AMERICA, 15 16 17 18 19 ) ) Plaintiff, ) ) v. ) ) YEVGENIY ALEXANDROVICH NIKULIN, ) ) Defendant. ) ) ) No. CR 16-00440 WHA STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EVIDENTIARY HEARING AND EXCLUDING TIME FROM MARCH 12, 2019, THROUGH APRIL 30, 2019. 20 21 Defendant Yevgeniy Nikulin, represented by Arkady Bukh and Valery Nechay, and the United 22 States, represented by Assistant United States Attorneys Michelle J. Kane and Matthew A. Parrella, 23 hereby stipulate to the following: 24 1. On October 10, 2018, with the agreement of the parties, the Court ordered defendant 25 committed to the custody of the Bureau of Prisons for purposes of a mental competency examination 26 pursuant to 18 U.S.C. § 4241(b) (ECF No. 70); 27 2. The Bureau of Prisons Forensic Psychologist provided a report to the Court, which the 28 Court provided to the parties on February 11, 2019; STIPULATION & [PROPOSED] ORDER CR 16-00440 WHA Case 3:16-cr-00440-WHA Document 77 Filed 03/09/19 Page 2 of 4 1 3. The parties appeared before this Court on February 12, 2019, for a hearing regarding 2 defendant’s mental competency, however, defendant was not present because he had not yet been 3 transported back to this District. The Court set a status conference regarding mental competency 4 proceedings on March 5, 2019, at 2:00 p.m., and, at the parties’ request, set an evidentiary hearing on 5 competency on March 19, 2019, at 8:00 a.m.; 6 4. Because defendant’s transport back to this District was delayed, for reasons including 7 severe weather, the parties jointly filed a request that the Court continue the March 5, 2019, status 8 conference one week to March 12, 2019, at 2:00 p.m., which the Court granted. ECF. No. 76; 9 5. Upon reviewing the Bureau of Prisons Forensic Psychologist’s report, counsel for 10 defendant consulted his expert, who disagreed with the findings of the report. Therefore, counsel for 11 defendant is going to contest said report and he is planning on submitting its expert’s mental evaluation 12 report to the Court and the government by April 12, 2019; 13 6. As such, counsel for defendant and the Government request that the Court continue the 14 status hearing on competency to April 23, 2019, at 2:00 p.m., and continue the evidentiary hearing 15 regarding competency to April 30, 2019, at 8:00 a.m.; 16 7. Both attorneys for the government will be in trial on another matter from April 8, 2019, 17 through April 18, 2019, therefore April 23, 2019, is the first available date for a status conference 18 following the defendant’s projected completion of his expert report; 19 8. The Bureau of Prisons Forensic Psychologist and defendant’s expert will both be 20 available to testify at an evidentiary hearing on April 30, 2019; 21 9. The Court, at the request of the parties, previously designated the case as complex based 22 on the nature of the prosecution, pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii) (“it is unreasonable to expect 23 adequate preparation for pretrial proceedings or for the trial itself within the time limits established by 24 [the Speedy Trial Act]”); 25 10. The parties continue to agree that the matter is complex based on the nature of the 26 prosecution, and that it is therefore unreasonable to expect adequate preparation for pretrial proceedings 27 or for the trial itself within the time limits established by the Speedy Trial Act, pursuant to 18 U.S.C. § 28 3161(h)(7)(B)(ii); STIPULATION & [PROPOSED] ORDER CR 16-00440 WHA 2 Case 3:16-cr-00440-WHA Document 77 Filed 03/09/19 Page 3 of 4 11. 1 The parties also agree that the time until April 30, 2019, is excludable delay resulting 2 from proceedings to determine the mental competency of defendant, pursuant to 18 U.S.C. § 3 3161(h)(1)(A); 12. 4 The parties further agree that the time until April 30, 2019, is necessary for effective 5 preparation of defense counsel, taking into account the exercise of due diligence, and that the ends of 6 justice served by excluding the period from March 12, 2019, through April 30, 2019, from Speedy Trial 7 Act calculations outweigh the interests of the public and defendant in a speedy trial, in accordance with 8 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). 9 IT IS SO STIPULATED. 10 DATED: March 9, 2019 Respectfully submitted, 11 DAVID L. ANDERSON United States Attorney 12 /s/ MICHELLE J. KANE MATTHEW A. PARRELLA Assistant United States Attorneys 13 14 15 16 /s/ ARKADY BUKH Counsel for Yevgeniy Alexandrovich Nikulin 17 18 19 /s/ VALERY NECHAY Counsel for Yevgeniy Alexandrovich Nikulin 20 21 22 ORDER 23 Based upon the stipulation of counsel, and for good cause shown, the Court finds that the case is 24 complex based on the nature of the prosecution and that it is therefore unreasonable to expect adequate 25 preparation for pretrial proceedings or for the trial itself within the time limits established by the Speedy 26 Trial Act. 18 U.S.C. § 3161(h)(7)(B)(ii). 27 // 28 STIPULATION & [PROPOSED] ORDER CR 16-00440 WHA 3 Case 3:16-cr-00440-WHA Document 77 Filed 03/09/19 Page 4 of 4 Also based upon the stipulation of counsel, and for good cause shown, the Court finds that the 1 2 time from March 12, 2019, through April 30, 2019, is excludable delay resulting from proceedings to 3 determine the mental competency of defendant, pursuant to 18 U.S.C. § 3161(h)(1)(A). Also based upon the stipulation of counsel, and for good cause shown, the Court finds that 4 5 failing to exclude the time between March 12, 2019, and April 30, 2019, would unreasonably deny the 6 defendant the reasonable time necessary for effective preparation, taking into account the exercise of 7 due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between March 12, 8 9 2019, and April 30, 2019, from computation under the Speedy Trial Act outweigh the best interests of 10 the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). Therefore, IT IS HEREBY ORDERED that the status conference shall be continued from March 11 12 12, 2019, to April 23, 2019, at 2:00 p.m., that the evidentiary hearing on competency shall be continued 13 from March 19, 2019, to April 30, 2019, at 8:00 a.m., and that the time from March 12, 2019, to April 14 30, 2019, shall be excluded from computation under the Speedy Trial Act. 15 IT IS SO ORDERED. 16 17 Dated: _______________________________________ HON. WILLIAM ALSUP United States District Judge 18 19 20 21 22 23 24 25 26 27 28 STIPULATION & [PROPOSED] ORDER CR 16-00440 WHA 4