Opinion
3:21-CR-000039-18
01-04-2024
ORDER GRANTING MOTION TO CONTINUE TRIAL
HON. TILMAN SELF U.S. DISTRICT COURT JUDGE
Before the Court is Defendant Tanya Aldana's Motion to Continue [Doc. 548] trial that is currently set to begin on January 25, 2024. On March 29, 2023, the Court declared the above-captioned case complex pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii). [Doc. 443]. According to Defendant's motion, her attorney is “unavailable to appear” at the scheduled trial date because he is lead counsel on a lengthy criminal trial in the Superior Court of Fulton County, Georgia. [Doc. 548, pp. 1-2 ¶¶ 2-4]. Defendant further states that the Government does not oppose a continuance. [Id. at p. 2 ¶ 6].
Therefore, the Court finds that “the ends of justice served by” granting this continuance “outweigh the best interest of the public and the defendant in a speedy trial.” 18 U.S.C. § 3161(h)(7)(A). Failure to grant this continuance “would be likely to make a continuation of such proceeding impossible[] or result in a miscarriage of justice.” Id. at § 3161(h)(7)(B)(i). Accordingly, the Court GRANTS Defendant's Motion to Continue [Doc. 548] and CONTINUES trial to April 22, 2024, as to Defendant Tanya Aldana. The delay occasioned by this continuance shall be deemed EXCLUDABLE. See 18 U.S.C. § 3161(h)(7)(A) & (B)(i).
SO ORDERED.