Opinion
3:20-cr-01999-JLS
12-14-2021
UNITED STATES OF AMERICA, Plaintiff, v. SHANDIN JEAN WILSON, Defendant.
ORDER CONTINUING MOTION HEARING/TRIAL SETTING
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Counsel for the defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated and whether the case will ultimately go to trial or will be resolved through negotiations.
2. The defendant is incarcerated and does not object to the continuance.
3. The parties agree to the continuance.
4. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for defendant sufficient time within which to be able to effectively and complete investigation of the discovery materials provided.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
For these reasons, the Court finds that the ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
Accordingly, the continuance sought herein is excludable under the Speedy Trial Act, Title 18, United States Code, Section § 3161 (h)(7)(A), when the considering the factors under Title 18, United States Code, § 3161(h)(7)(B)(i), (iv).
IT IS FURTHER ORDERED that the motions hearing/trial setting currently scheduled for December 17, 2021, at the hour of 1:30 p.m., be vacated and continued to January 21, 2022 at 1:30 p.m.