MEMORANDUM AND ORDER Defendant Jahmanni Ugbomah moves to dismiss the indictment for alleged violations of the Speedy Trial Act, 18 U.S.C. §3161 et seq. For the reasons that follow, the motion is granted in part, and Counts Two and Four of the indictment are dismissed without prejudice. BACKGROUND Ugbomah was arraigned on May 19, 2022 on a two-count complaint alleging robbery in violation of the Hobbs Act, 18 U.S.C. §§1951(a) and 2. See 5/19/2022 Minute Entry; Compl. 1-2 (Dkt. #1). Count One alleges that on April 15, 2022, Ugbomah robbed a store in Brooklyn of CBD liquids and about $1,000. Compl. 1. Count Two alleges that on the same day, Ugbomah robbed a different store of about $800 and a scale. Id. at 1-2. The complaint alleges that during the first robbery, an accomplice carrying a firearm shot at, but missed, a store clerk. Id. at 3. The complaint further alleges that during the second charged robbery, Ugbomah brandished a firearm. Id. at 8. Ugbomah waived a preliminary hearing and was ordered detained. See 5/19/2022 Minute Entry; Order of Detention (Dkt. #7). But neither party asked the Court at that time to enter an order excluding time from the 30-day period in which an indictment or information must be filed, and the Court did not enter such an order sua sponte. On June 3, 2022, a prosecutor filed a document requesting that the period from June 2, 2022 to July 4, 2022 be excluded from Speedy Trial Act calculations for the purpose of plea discussions. Mot. for Ext. of Time to Indict (Dkt. #10). But the magistrate judge did not act on that request, and the docket does not reflect follow-up by either party. The government eventually obtained an indictment of Ugbomah on August 11, 2022 — more than two months after defense counsel had suggested doing so, and 84 days after Ugbomah’s arraignment. See Indictment (Dkt. #11). The indictment contains five counts. Count One charges Ugbomah with conspiring to rob tobacco shops in violation of the Hobbs Act, under 18 U.S.C. §§1951(a), 2, and 3551 et seq. Counts Two and Four charge the substantive Hobbs Act violations also set forth in the complaint. Counts Three and Five charge Ugbomah with using and carrying a firearm during the Hobbs Act robberies alleged in Counts Two and Four, respectively, in violation of 18 U.S.C. §924(c). See Indictment
