USA v. Daniel

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, 	Case No. 3:23-cr-104
vs.
BILLY RAY DANIEL, 	District Judge Michael J. Newman
Defendant.
______________________________________________________________________________
ORDER: (1) GRANTING THE GOVERNMENT’S MOTION FOR A STATUS
CONFERENCE TO SET A TRIAL CALENDAR (Doc. No. 66); (2) GRANTING THE
PARTIES’ JOINT, UNOPPOSED ORAL MOTION TO CONTINUE THE CASE; (3)
TOLLING THE SPEEDY TRIAL ACT DEADLINE FOR 90 DAYS; (4) EXCLUDING
THE TIME FROM JANUARY 15, 2026 TO APRIL 15, 2026 FROM THE SPEEDY
TRIAL ACT CALCULATION; (5) FINDING THAT THE SPEEDY TRIAL ACT
DEADLINE IS MAY 19, 2026; AND (6) SETTING A TELEPHONE STATUS
CONFERENCE, FOR THE PURPOSE OF SCHEDULING A TRIAL DATE, ON APRIL
13, 2026 AT 2:00 P.M.
______________________________________________________________________________
Upon the Government’s motion for a status conference, the Court held, on January 15,
2026, a telephone status conference with the parties for the purpose of setting a trial calendar. See
Doc. No. 66. AUSAs George Painter and Christina Mahy appeared on behalf of the Government
and attorney Christopher Fogt appeared on behalf of Defendant. During the status conference, the
parties made a joint, unopposed oral motion to continue the case for 90 days. 	For the reasons
discussed during the January 15th status conference, for good cause shown, and pursuant to the
requirements of the Speedy Trial Act, the Court GRANTS the parties’ joint, unopposed oral
motion and TOLLS the Speedy Trial Act deadline for 90 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
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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
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 January 15, 2026 until April 15, 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 May 19, 2026.1 The Court SETS a telephone
conference on April 13, 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 21, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
1 If counsel disagrees with this calculation, counsel shall file a notice containing their proposed Speedy
Trial Act calculation and deadline.
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