1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-80144-Cr-Smith/Maynard(s)

UNITED STATES OF AMERICA

vs. 

JOFF STENN WROY PHILOSSAINT, et al.,

Defendants.

______________________________________/ 

UNITED STATES= SPEEDY TRIAL REPORT

The United States, by and through the undersigned Assistant U.S. Attorney, hereby files 

its Speedy Trial Report, in accordance with S.D. Fla. L. R. 88.5. 

PROCEDURAL HISTORY

1. On August 5, 2022, sealed Complaints and sealed arrest warrants were issued for 

defendants Joff Stenn Wroy Philossaint (“Philossaint”) and Mariel Tollinchi (“Tollinchi”) [DE 3

(Philossaint Sealed Compl.); DE 3 (Tollinchi Sealed Compl.)].1 

2. On August 8, 2022, both Philossaint and Tollinchi made their initial appearances 

[DE 8 (Philossaint Minute Order); DE 8 (Tollinchi Minute Order)]. 

1 The defendants were charged by Complaint in three separate cases. Philossaint was 

charged in case number 22-8336; Tollinchi was charged in case number 22-8337; Shazier, Rene, 

and Gayle, were charged in case number 22-8357. All three cases have been consolidated into 

the same superseding indictment, and the Clerk’s Office has merged all three original docket sheets 

into the final docket sheet in 22-80144-Cr-Smith/Maynard(s). Thus, the Court will notice that 

there are multiple documents that seem to have the same Docket Entry numbers. The undersigned 

has tried to clearly identify the documents by title, date, and docket entry number to avoid 

confusion. 

Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 1 of 5
2

3. On August 15, 2022, a sealed Complaint and sealed arrest warrants were issued for 

defendants Maurice Shazier (“Shazier”), Regine Rene (“Rene”), and Brianna Gayle (“Gayle”) 

[DE 1 (Shazier, et al. Compl.)].

4. On August 17, 2022, Rene and Gayle made their initial appearances [DE 5 (Rene 

Minute Order); DE 9 (Gayle Minute Order)].

5. On August 24, 2022, Shazier made his initial appearance [DE 25 (Shazier Minute 

Order)].

6. On September 8, 2022, the initial Indictment was returned by the federal grand jury 

[DE 32 (Indictment)]. The initial Indictment only contained charges against defendants 

Philossaint, Tollinchi, Rene, and Gayle [see id.].

7. On September 13, 2022, Philossaint was arraigned [DE 35 (Minute Order re Report 

re Counsel and Arraignment)].

8. On September 14, 2022, Tollinchi and Gayle were arraigned [DE 37 (Minute Order 

on Gayle Arraignment); DE 38 (Minute Order on Tollinchi Report Re Counsel and Arraignment)].

9. On October 20, 2022, a Superseding Indictment was returned by the federal grand 

jury, which added charges against Shazier [DE 58].

10. On October 21, 2022, Rene was arraigned on the Superseding Indictment [DE 59].

11. On October 25, 2022, Shazier was arraigned on the Superseding Indictment [DE 

62].

12. On October 28, 2022, Philossaint was arraigned on the Superseding Indictment [DE 

63].

Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 2 of 5
3

13. On November 3, 2022, Gayle was arraigned on the Superseding Indictment [DE 

74]. 

14. On November 4, 2022, Tollinchi was arraigned on the Superseding Indictment [DE 

76]. 

CALCULATION OF SPEEDY TRIAL PERIOD

15. The Speedy Trial Act states that “[a] defendant’s trial “shall commence within 

seventy days from the filing date . . . of the . . . indictment, or from the date the defendant has 

appeared before a judicial officer of the court in which such charge is pending, whichever date last 

occurs.” 18 U.S.C. ' 3161(c)(1).

16. The statute lists various periods of delay that are excluded from the computation of 

when a trial shall commence. 18 U.S.C. ' 3161(h). Delay attributable to one co-defendant is 

attributable to all, so long as the period of delay is reasonable. See 18 U.S.C. § 3161(h)(6)

(excluding a reasonable period of delay caused by a co-defendant with whom the defendant is 

joined and no motion for severance has been granted). 

17. The Speedy Trial period on the defendants’ Superseding Indictment began to run 

in this case on October 20, 2022, the date that the Superseding Indictment was returned adding 

defendant Maurice Shazier. See 18 U.S.C. ' 3161(c)(1); Chambliss v. United States, 2010 WL 

2511387 *1 (11th Cir. June 23, 2010) (“If a case involves multiple defendants, the 70-day period 

begins to run after the last codefendant is indicted or arraigned.”); United States v. Mathis, 96 F.3d 

1577, 1579 n.1 (11th Cir. 1996) (In a multiple defendant case, the speedy trial clock begins to run 

when the period begins for the last co-defendant.). 

Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 3 of 5
4

18. GROSS TIME: Seventy days from the day of Shazier’s indictment (October 20, 

2022) means that, if no time were excludable, the original Speedy Trial period would end on 

December 29, 2022.

19. EXCLUDABLE TIME:

a. October 20, 2022 through October 25, 2022 (5 days) are excludable due to 

the Court’s October 7, 2022 Order granting defendant Shazier’s Motion to 

Continue his Arraignment, which excluded the period of October 12, 2022 

through October 25, 2022, based upon specific findings that “the ends of 

justice served by taking such action outweigh the best interest of the public 

and the defendant in a speedy trial,” pursuant to § 3161(h)(7)(A). [See DE 

35 (10/7/2022 Order granting Motn to Continue)].

b. October 31, 2022 to present (six days and continuing) are excludable,

because on October 31, 2022, Rene filed a Motion to Continue Trial [DE 

65]. On November 1, 2022, Gayle and Shazier filed Motions to Continue 

Trial [DE 67, DE 68, respectively]. All three motions remain pending, 

thus, all time from October 31, 2022, to the present is excludable pursuant 

to section 3161(h)(1)(D). Furthermore, the motions set forth facts that 

would allow the Court, in granting the motions, to exclude the time 

attributable to the continuance in the interests of justice, pursuant to 

section 3161(h)(7).

20. NET TIME REMAINING: To date, five days have run from the speedy trial 

clock: October 26–30, 2022. Hence, the net time remaining is 65 days.

21. FINAL DATE: The final date on which this case can be tried in compliance with 

the Speedy Trial Act is sixty-six (65) days following the Court’s decision on the pending Motions 

to Continue Trial (DE 65, 67, 68). Thus, if the Court were to rule on the motions on Monday, 

November 7, 2022, the final date to begin trial would be January 11, 2023. However, if the Court 

Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 4 of 5
5

were to exclude additional time in the interests of justice, the final date to begin trial would be 

extended as well.

Respectfully submitted,

 JUAN ANTONIO GONZALEZ

UNITED STATES ATTORNEY

By: s/Marc Osborne 

MARC OSBORNE

Assistant United States Attorney

Court ID #550786 

500 South Australian Avenue, Suite 400 

West Palm Beach, FL 33401

Telephone: 561 820-8711 

Facsimile: 561 820-8777 

Case 9:22-cr-80144-RS Document 79 Entered on FLSD Docket 11/05/2022 Page 5 of 5