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Case 2:05-cr-00240-GEB-DB Document 757 Filed 08/09/19 Page 1 of 5

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IN THE UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7

8 UNITED STATES OF AMERICA, CASE NO. 2:05-CR-240-GEB-DB

9 Respondent/Plaintiff, ORDER TO RELEASE


PETITIONER/DEFENDANT FORTHWITH
10 v. AND TO EXCLUDE TIME UNDER THE
SPEEDY TRIAL ACT
11 HAMID HAYAT,
COURT: Hon. Garland E. Burrell, Jr.
12 Petitioner/Defendant.

13

14 For the reasons set forth in the Joint Stipulation to Release Petitioner/Defendant Forthwith and to

15 Exclude Time Under the Speedy Trial Act, filed by Respondent/Plaintiff United States of America (the

16 “government”) and Petitioner/Defendant, Hamid Hayat, and for good cause shown, the Court finds:

17 1. On July 30, 2019, this Court entered an order vacating Hayat’s conviction and sentence

18 after finding that Hayat’s privately-retained defense counsel, Wazhma Mojaddidi, provided him with

19 Constitutionally ineffective representation during his 2006 criminal trial.

20 2. Thereafter, Hayat filed a motion for release, which remains pending.

21 3. Pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, et seq., Hayat is entitled to a re-trial

22 within 70 days from this Court’s July 30, 2019 order.

23 4. The parties now propose to resolve Hayat’s motion for release, and to exclude time for

24 the purpose of computing the deadline under the Speedy Trial Act by which a re-trial must commence.

25 5. Specifically, Hayat agrees to submit to the following pre-trial release conditions:

26 a. Hayat agrees to submit to pre-trial supervision by the United States Probation Office and

27 comply with the below conditions and certain standard reporting requirements set forth in

28 an Exhibit to the Court’s Order;

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Case 2:05-cr-00240-GEB-DB Document 757 Filed 08/09/19 Page 2 of 5

1 b. Hayat agrees to limit his travel to within the geographic boundaries of the Eastern District

2 of California and to seek advance permission from the supervising officer or the Court

3 for any travel outside those boundaries;

4 c. Hayat agrees not to seek a new United States passport or a passport from any other

5 country;

6 d. Hayat agrees not to travel outside of the geographic boundaries of the United States;

7 e. Hayat agrees to submit to a voluntary curfew at a residence approved by the supervising

8 officer between the hours of 10:30 p.m. and 6 a.m., and agrees to seek advance approval

9 from the supervising officer or the Court for any deviations from that curfew;

10 6. Under the above conditions, the United States does not oppose Hayat’s motion for

11 release.

12 7. The parties also jointly seek a status conference before this Court on September 20, 2019,

13 to address scheduling for a re-trial.

14 8. The parties agree that a re-trial will require substantial preparation by Defense Counsel,

15 as set forth in the parties’ stipulation, and jointly request this Court exclude for purposes of calculating

16 the deadline by which a re-trial must commence under the Speedy Trial Act, the period between the date

17 on which this Court enters this order and September 20, 2019, inclusive, under Local Code T4.

18 9. The parties stipulate and agree that Defense Counsel believes that failure to grant the

19 above-requested continuance would deny Defense Counsel the reasonable time necessary for effective

20 preparation, taking into account the exercise of due diligence.


21 10. The parties stipulate and agree that the ends of justice served by excluding time as set

22 forth in this stipulation outweigh the interest of the public and Hayat in a trial within the original date

23 prescribed by the Speedy Trial Act.

24 11. The parties further agree and stipulate that they will move to vacate the status conference

25 should the United States decide not to pursue a re-trial in this matter, and, in that instance, the release

26 conditions set forth above shall terminate upon the United States’ filing of a motion to dismiss the

27 Second Superseding Indictment.

28 12. Nothing in this order shall preclude a finding that other provisions of the Speedy Trial

2
Case 2:05-cr-00240-GEB-DB Document 757 Filed 08/09/19 Page 3 of 5

1 Act dictate that additional time periods are excludable from the period within which a trial must

2 commence.

3 Accordingly, pursuant to the parties’ stipulation and for good cause shown, it is hereby

4 ORDERED that, the Bureau of Prisons (“BOP”) shall release Petitioner/Defendant Hamid Hayat

5 from custody forthwith but no earlier than a date and time the BOP determines acceptable after

6 consultation with Hayat’s counsel of record; and it is further

7 ORDERED that:

8 a. Hayat shall submit to pre-trial supervision by the United States Probation Office for the

9 Eastern District of California and comply with the below conditions and those set forth in

10 Exhibit 1 to this Order;

11 b. Hayat shall not travel outside of the geographic boundaries of the Eastern District of

12 California without advance permission from the supervising officer or the Court;

13 c. Hayat shall not to seek or obtain a new United States passport or a passport from any

14 other country;

15 d. Hayat shall not travel outside of the geographic boundaries United States ;

16 e. Hayat shall submit to a voluntary curfew at a residence approved by the supervising

17 officer between the hours of 10:30 p.m. and 6 a.m., and seek advance approval from the

18 supervising officer or the Court for any deviations from that curfew; and it is further

19 ORDERED that, the parties shall appear for a status conference September 20, 2019, to address

20 scheduling for a re-trial in this matter; and it is further


21 ORDERED that, under Local Code T4, the period between the date of this Order and September

22 20, 2019, inclusive, shall be excluded for purposes of calculating the deadline by which a re-trial must

23 commence under the Speedy Trial Act, 18 U.S.C.§ 3161(h)(7)(A), B (iv); and it is further

24 ORDERED that, the parties shall move to vacate the status conference should the United States

25 decide not to pursue a re-trial in this matter, and, in that instance, the release conditions set forth herein

26 shall terminate upon the United States’ filing of a motion to dismiss the Superseding Indictment, and it

27 is further

28 ORDERED that, nothing in this order shall preclude a finding that other provisions of the

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Case 2:05-cr-00240-GEB-DB Document 757 Filed 08/09/19 Page 4 of 5

1 Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial

2 must commence.

3 IT IS SO ORDERED.

5 Dated: 8/9/2019
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Case 2:05-cr-00240-GEB-DB Document 757 Filed 08/09/19 Page 5 of 5

Exhibit 1: Additional Supervision Requirements

1. You shall report to and comply with the rules and regulations of the Probation Office;

2. You shall report in person to the supervising officer within 72 hours of your release from custody;

3. You are to reside at a location approved by the supervising officer and not move or absent
yourself from this residence for more than 24 hours without the prior approval of the supervising
officer;

4. You shall cooperate in the collection of a DNA sample;

5. You shall not possess a firearm/ammunition, destructive device, or other dangerous weapon;
additionally, you shall provide written proof of divestment of all firearms/ammunition currently
under your control;

6. You shall refrain from excessive use of alcohol or any use of a narcotic drug or other controlled
substance without a prescription by a licensed medical practitioner; and you shall notify the
supervising officer immediately of any prescribed medication(s). However, medicinal marijuana,
prescribed or not, may not be used;

7. You shall seek and/or maintain employment and provide proof of same as requested by the
supervising officer;

8. You shall report any contact with law enforcement to the supervising officer within 24 hours.
Case 2:05-cr-00240-GEB-DB Document 756 Filed 08/08/19 Page 1 of 5

1 McGREGOR W. SCOTT
United States Attorney
2 ANDRÉ M. ESPINOSA
ROGER YANG
3 Assistant United States Attorneys
501 I Street, Suite 10-100
4 Sacramento, CA 95814
Telephone: (916) 554-2700
5
JENNIFER E. LEVY
6 Trial Attorney
Counterterrorism Section
7 National Security Division
U.S. Department of Justice
8 10th and Constitution Avenue, N.W.
Washington, D.C. 20530
9 Telephone: (202) 514-1092
10 Attorneys for Plaintiff
United States of America
11

12 IN THE UNITED STATES DISTRICT COURT


13 EASTERN DISTRICT OF CALIFORNIA
14
UNITED STATES OF AMERICA, )
15 )
Respondent/Plaintiff, ) CASE NO. 2:05-CR-240-GEB-DB
16 )
v. ) JOINT STIPULATION TO RELEASE
17 ) PETITIONER/DEFENDANT FORTHWITH
HAMID HAYAT, ) AND TO EXCLUDE TIME UNDER THE
18 ) SPEEDY TRIAL ACT
Petitioner/Defendant. )
19 )
)
20
IT IS HEREBY STIPULATED AND AGREED between the parties and their respective counsel,
21
Assistant United States Attorneys André M. Espinosa and Roger Yang, on behalf the United States of
22
America, and Dennis P. Riordan, Esq., (“Defense Counsel”), attorney for petitioner/defendant Hamid
23
Hayat, as follows:
24
1. On July 30, 2019, the District Court entered an order vacating Hayat’s conviction and
25
sentence after finding that Hayat’s privately-retained defense counsel, Wazhma Mojaddidi, provided
26
him with Constitutionally ineffective representation during his 2006 criminal trial. CR 752.
27
2. On August 2, 2019, Hayat filed a motion for release on personal recognizance, which the
28
Stipulation for Release and to Exclude Time

1
Case 2:05-cr-00240-GEB-DB Document 756 Filed 08/08/19 Page 2 of 5

1 District Court referred to the United States Magistrate Judge on duty at the relevant time. CR 754. 755.

2 3. Pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, et seq., Hayat is entitled to a re-trial

3 within 70 days from the District Court’s July 30, 2019 order.

4 4. By this stipulation, the parties propose to resolve Hayat’s pending motion for release, and

5 to exclude time for the purpose of computing the deadline under the Speedy Trial Act by which a re-trial

6 must commence.

7 5. Specifically, Hayat agrees to submit to the following pre-trial release conditions:

8 a. Hayat agrees to submit to supervision by the United States Probation Office and comply

9 with certain standard reporting requirements (set forth in a separate writing provided to

10 Defense Counsel and attached hereto as Ex. 1);

11 b. Hayat agrees to limit his travel to within the geographic boundaries of the Eastern District

12 of California and to seek advance permission from the supervising officer or the Court

13 for any travel outside those boundaries;

14 c. Hayat agrees not to seek a new United States passport or a passport from any other

15 country;

16 d. Hayat agrees not to travel outside of the geographic boundaries of the United States;

17 e. Hayat agrees to submit to a voluntary curfew at a residence approved by the supervising

18 officer between the hours of 10:30 p.m. and 6 a.m., and agrees to seek advance approval

19 from the supervising officer or the Court for any deviations from that curfew.

20 6. Under the above conditions, the United States does not oppose Hayat’s motion for

21 release.

22 7. Further, the parties jointly seek a status conference before the District Court on

23 September 20, 2019, to address scheduling for a re-trial. The parties agree that a re-trial will require

24 substantial preparation by Defense Counsel, including a fresh review of all pre-trial discovery, which

25 includes hours of recorded conversations and other exhibits, identification and preparation of experts

26 and other defense witnesses, and potential pursuit of security clearances or co-counsel in possession of

27 such clearances. Consequently, the parties jointly request that the Court exclude for purposes of

28
Stipulation for Release and to Exclude Time

2
Case 2:05-cr-00240-GEB-DB Document 756 Filed 08/08/19 Page 3 of 5

1 calculating the deadline by which a re-trial must commence under the Speedy Trial Act, the period

2 between the date on which the Court enters an order concerning this stipulation and September 20, 2019,

3 inclusive, under Local Code T4.

4 8. The parties stipulate and agree that Defense Counsel believes failure to grant the above-

5 requested time exclusion would deny Defense Counsel the reasonable time necessary for effective trial

6 preparation, taking into account the exercise of due diligence.

7 9. The parties stipulate and agree that the ends of justice served by excluding time as set

8 forth in this stipulation outweigh the interest of the public and Hayat in a trial within the original date

9 prescribed by the Speedy Trial Act.

10 10. The parties agree and stipulate that they will move to vacate the status conference should

11 the United States decide not to pursue a re-trial in this matter. In that instance, the parties agree that the

12 release conditions set forth above shall terminate upon the United States’ filing of a motion to dismiss

13 the Second Superseding Indictment.

14 11. The parties agree that nothing in this stipulation and any related order shall preclude a

15 finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable

16 from the period within which a trial must commence.

17 12. Accordingly, the parties further agree and stipulate, and request that the Court find the

18 following:

19 a. On July 30, 2019, this Court entered an order vacating Hayat’s conviction and sentence

20 after finding that Hayat’s privately-retained defense counsel, Wazhma Mojaddidi,

21 provided him with Constitutionally ineffective representation during his 2006 criminal

22 trial.

23 b. Thereafter, Hayat filed a motion for release, which remains pending.

24 c. Pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, et seq., Hayat is entitled to a re-trial

25 within 70 days from this Court’s July 30, 2019 order.

26 d. The parties now propose to resolve Hayat’s motion for release, and to exclude time for

27 the purpose of computing the deadline under the Speedy Trial Act by which a re-trial

28
Stipulation for Release and to Exclude Time

3
Case 2:05-cr-00240-GEB-DB Document 756 Filed 08/08/19 Page 4 of 5

1 must commence.

2 e. Specifically, the United States agrees to not oppose Hayat’s motion for release, and

3 Hayat agrees to submit to the following pre-trial release conditions:

4 i. Hayat agrees to submit to pre-trial supervision by the United States Probation

5 Office and comply with certain standard reporting requirements (set forth in a

6 separate writing provided to Defense Counsel and attached hereto as Ex. 1);

7 ii. Hayat agrees to limit his travel to within the geographic boundaries of the Eastern

8 District of California and to seek advance permission from the supervising officer

9 or the Court for any travel outside those boundaries;

10 iii. Hayat agrees not to seek a new United States passport or a passport from any

11 other country;

12 iv. Hayat agrees not to travel outside of the geographic boundaries of the United

13 States;

14 v. Hayat agrees to submit to a voluntary curfew at a residence approved by the

15 supervising officer between the hours of 10:30 p.m. and 6 a.m., and agrees to seek

16 advance approval from the supervising officer or the Court for any deviations

17 from that curfew.

18 f. The parties also jointly seek a status conference before this Court on September 20, 2019,

19 to address scheduling for a re-trial.

20 g. The parties agree that a re-trial will require substantial preparation by Defense Counsel,

21 as set forth in this stipulation, and jointly request this Court exclude for purposes of

22 calculating the deadline by which a re-trial must commence under the Speedy Trial Act,

23 the period between the date on which this Court enters an order concerning this

24 stipulation and September 20, 2019, inclusive, under Local Code T4.

25 h. The parties stipulate and agree that Defense Counsel requires substantial additional time

26 to prepare for a re-trial in this matter, and that Defense Counsel believes that failure to

27 grant the above-requested continuance would deny Defense Counsel the reasonable time

28
Stipulation for Release and to Exclude Time

4
Case 2:05-cr-00240-GEB-DB Document 756 Filed 08/08/19 Page 5 of 5

1 necessary for effective preparation, taking into account the exercise of due diligence.

2 i. The parties stipulate and agree that the ends of justice served by excluding time as set

3 forth in this stipulation outweigh the interest of the public and Hayat in a trial within the

4 original date prescribed by the Speedy Trial Act, under 18 U.S.C.§ 3161(h)(7)(A), B (iv).

5 j. The parties further agree and stipulate that they will move to vacate the status conference

6 should the United States decide not to pursue a re-trial in this matter, and, in that

7 instance, the release conditions set forth above shall terminate upon the United States’

8 filing of a motion to dismiss the Superseding Indictment.

9 k. Nothing in this stipulation and any related order shall preclude a finding that other

10 provisions of the Speedy Trial Act dictate that additional time periods are excludable

11 from the period within which a trial must commence.

12 IT IS SO STIPULATED.

13
Dated: August 8, 2019 McGREGOR W. SCOTT
14 United States Attorney
15

16 By: /s/ ANDRÉ M. ESPINOSA


ANDRÉ M. ESPINOSA
17 ROGER YANG
Assistant United States Attorneys
18

19
By: /s/ JENNIFER E. LEVY
20 JENNIFER E. LEVY
Trial Attorney
21 Counterterrorism Section
National Security Division
22

23
Dated: August 8, 2019 RIORDAN & HORGAN
24

25
By: /s/ DENNIS P. RIORDAN
26 DENNIS P. RIORDAN
Counsel for Petitioner/Defendant
27

28
Stipulation for Release and to Exclude Time

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Case 2:05-cr-00240-GEB-DB Document 756-1 Filed 08/08/19 Page 1 of 4

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IN THE UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7

8 UNITED STATES OF AMERICA, CASE NO. 2:05-CR-240-GEB-DB

9 Respondent/Plaintiff, [PROPOSED] ORDER TO RELEASE


PETITIONER/DEFENDANT FORTHWITH
10 v. AND TO EXCLUDE TIME UNDER THE
SPEEDY TRIAL ACT
11 HAMID HAYAT,
COURT: Hon. Garland E. Burrell, Jr.
12 Petitioner/Defendant.

13

14 For the reasons set forth in the Joint Stipulation to Release Petitioner/Defendant Forthwith and to

15 Exclude Time Under the Speedy Trial Act, filed by Respondent/Plaintiff United States of America (the

16 “government”) and Petitioner/Defendant, Hamid Hayat, and for good cause shown, the Court finds:

17 1. On July 30, 2019, this Court entered an order vacating Hayat’s conviction and sentence

18 after finding that Hayat’s privately-retained defense counsel, Wazhma Mojaddidi, provided him with

19 Constitutionally ineffective representation during his 2006 criminal trial.

20 2. Thereafter, Hayat filed a motion for release, which remains pending.

21 3. Pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, et seq., Hayat is entitled to a re-trial

22 within 70 days from this Court’s July 30, 2019 order.

23 4. The parties now propose to resolve Hayat’s motion for release, and to exclude time for

24 the purpose of computing the deadline under the Speedy Trial Act by which a re-trial must commence.

25 5. Specifically, Hayat agrees to submit to the following pre-trial release conditions:

26 a. Hayat agrees to submit to pre-trial supervision by the United States Probation Office and

27 comply with the below conditions and certain standard reporting requirements set forth in

28 an Exhibit to the Court’s Order;

1
Case 2:05-cr-00240-GEB-DB Document 756-1 Filed 08/08/19 Page 2 of 4

1 b. Hayat agrees to limit his travel to within the geographic boundaries of the Eastern District

2 of California and to seek advance permission from the supervising officer or the Court

3 for any travel outside those boundaries;

4 c. Hayat agrees not to seek a new United States passport or a passport from any other

5 country;

6 d. Hayat agrees not to travel outside of the geographic boundaries of the United States;

7 e. Hayat agrees to submit to a voluntary curfew at a residence approved by the supervising

8 officer between the hours of 10:30 p.m. and 6 a.m., and agrees to seek advance approval

9 from the supervising officer or the Court for any deviations from that curfew;

10 6. Under the above conditions, the United States does not oppose Hayat’s motion for

11 release.

12 7. The parties also jointly seek a status conference before this Court on September 20, 2019,

13 to address scheduling for a re-trial.

14 8. The parties agree that a re-trial will require substantial preparation by Defense Counsel,

15 as set forth in the parties’ stipulation, and jointly request this Court exclude for purposes of calculating

16 the deadline by which a re-trial must commence under the Speedy Trial Act, the period between the date

17 on which this Court enters this order and September 20, 2019, inclusive, under Local Code T4.

18 9. The parties stipulate and agree that Defense Counsel believes that failure to grant the

19 above-requested continuance would deny Defense Counsel the reasonable time necessary for effective

20 preparation, taking into account the exercise of due diligence.


21 10. The parties stipulate and agree that the ends of justice served by excluding time as set

22 forth in this stipulation outweigh the interest of the public and Hayat in a trial within the original date

23 prescribed by the Speedy Trial Act.

24 11. The parties further agree and stipulate that they will move to vacate the status conference

25 should the United States decide not to pursue a re-trial in this matter, and, in that instance, the release

26 conditions set forth above shall terminate upon the United States’ filing of a motion to dismiss the

27 Second Superseding Indictment.

28 12. Nothing in this order shall preclude a finding that other provisions of the Speedy Trial

2
Case 2:05-cr-00240-GEB-DB Document 756-1 Filed 08/08/19 Page 3 of 4

1 Act dictate that additional time periods are excludable from the period within which a trial must

2 commence.

3 Accordingly, pursuant to the parties’ stipulation and for good cause shown, it is hereby

4 ORDERED that, the Bureau of Prisons (“BOP”) shall release Petitioner/Defendant Hamid Hayat

5 from custody forthwith but no earlier than a date and time the BOP determines acceptable after

6 consultation with Hayat’s counsel of record; and it is further

7 ORDERED that:

8 a. Hayat shall submit to pre-trial supervision by the United States Probation Office for the

9 Eastern District of California and comply with the below conditions and those set forth in

10 Exhibit 1 to this Order;

11 b. Hayat shall not travel outside of the geographic boundaries of the Eastern District of

12 California without advance permission from the supervising officer or the Court;

13 c. Hayat shall not to seek or obtain a new United States passport or a passport from any

14 other country;

15 d. Hayat shall not travel outside of the geographic boundaries United States ;

16 e. Hayat shall submit to a voluntary curfew at a residence approved by the supervising

17 officer between the hours of 10:30 p.m. and 6 a.m., and seek advance approval from the

18 supervising officer or the Court for any deviations from that curfew; and it is further

19 ORDERED that, the parties shall appear for a status conference September 20, 2019, to address

20 scheduling for a re-trial in this matter; and it is further


21 ORDERED that, under Local Code T4, the period between the date of this Order and September

22 20, 2019, inclusive, shall be excluded for purposes of calculating the deadline by which a re-trial must

23 commence under the Speedy Trial Act, 18 U.S.C.§ 3161(h)(7)(A), B (iv); and it is further

24 ORDERED that, the parties shall move to vacate the status conference should the United States

25 decide not to pursue a re-trial in this matter, and, in that instance, the release conditions set forth herein

26 shall terminate upon the United States’ filing of a motion to dismiss the Superseding Indictment, and it

27 is further

28 ORDERED that, nothing in this order shall preclude a finding that other provisions of the

3
Case 2:05-cr-00240-GEB-DB Document 756-1 Filed 08/08/19 Page 4 of 4

1 Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial

2 must commence.

3 IT IS SO ORDERED.

5 Dated:
Honorable Garland E. Burrell, Jr.
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