Opinion
CRIMINAL 2:21-00206
01-06-2022
UNITED STATES OF AMERICA v. ROBERT DALE EADY
MEMORANDUM OPINION AND ORDER
David A. Faber, Senior United States District Judge
Pending before the court is the motion of defendant for a continuance of trial and all related deadlines and for a finding of excludable time under the Speedy Trial Act. (ECF No. 29.) In support of defendant's motion, counsel for defendant explains that she needs additional time to consult with her client on discovery matters, investigate this matter further, and consider filing pretrial motions. Counsel requests a continuance of thirty days.
Because failure to grant the requested continuance would likely result in a miscarriage of justice, the court finds that the ends of justice outweigh the interest of the defendant and the public in a speedy trial, see 18 U.S.C. § 3161(h)(7)(A), and GRANTS defendant's motion to continue. In deciding to grant defendant's motion, the court considered the factors outlined in 18 U.S.C. § 3161(h)(7)(B) and finds that denying the motion “would deny counsel for the defendant . . . the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.” Id. § 3161(h)(7)(B)(iv).
Accordingly, the court hereby ORDERS as follows:
1. The deadline for the filing of pretrial motions is continued to March 14, 2022;
2. The Pretrial Motions Hearing is continued to March 21, 2022, at 2:30 p.m. in Charleston;
3. Jury Instructions and Proposed Voir Dire are due by March 30, 2022;
4. Trial of this action is continued to April 6, 2022, at 9:30 a.m. in Charleston; and
5. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the time from the filing of the motion until the trial is excludable for purposes of the Speedy Trial Act.
The Clerk is directed to send a copy of this Memorandum Opinion and Order to all counsel of record, to the United States Marshal for the Southern District of West Virginia, and to the Probation Office of this court.
IT IS SO ORDERED.