Opinion
20-mj-0687 (WMW/LIB)
09-03-2021
United States of America, Plaintiff, v. Robert Dale LaTourell, Jr (1); Melinda May LaTourell (2); and Melissa Ann LaTourell (3), Defendants.
ORDER
Wilhelmina M. Wright United States District Judge
This matter is before the Court on the parties' joint motion to exclude time under the Speedy Trial Act. (Dkt. 68.) The parties seek to exclude the period of time from September 1, 2021, through October 1, 2021, from Speedy Trial Act calculations in part to permit Defendants to effectively prepare a defense. The motion is signed by all counsel and each Defendant.
The Court has reviewed and carefully considered the parties' joint motion. Under the circumstances presented, and taking into account the exercise of due diligence by counsel, the Court finds that failure to exclude time to allow for additional trial preparation in this case would deny counsel the reasonable time necessary for effective preparation. See 18 U.S.C. § 3161(h)(7)(B)(iv). The Court, therefore, finds that the ends of justice served by ordering a continuance outweigh the interest of the public and Defendants' right to a speedy trial under 18 U.S.C. § 3161(h)(7)(A). In making this finding, the Court concludes that the failure to exclude time through October 1, 2021, would result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B)(i).
Based on the foregoing, and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The parties' joint motion to exclude time under the Speedy Trial Act, (Dkt. 68), is GRANTED.
2. The period of time from September 1, 2021, through October 1, 2021, is excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A).