Opinion
CRIMINAL ACTION 3:24-cr-00007-TES-CHW-1
03-07-2024
UNITED STATES OF AMERICA, v. BRYSON APPLING, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE.
Before the Court is an Unopposed Motion to Continue [Doc. 18] filed by Defendant Bryson Appling. On February 13, 2024, the Government obtained a three-count Indictment [Doc. 1] charging Defendant Appling with one count of Possession of a Firearm by a Convicted Felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2); one count of Possession with Intent to Distribute Fentanyl, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A). [Doc. 1, pp. 1-2]. On March 4, 2024, Defendant Appling pled “Not Guilty,” at his initial appearance before a United States Magistrate Judge. [Doc. 12]; [Doc. 14]; [Doc. 18, ¶ 2].
Defendant Appling is currently incarcerated, serving a four-year probation revocation from the Superior Court of Athens-Clarke County, Georgia. [Doc. 18, ¶ 5]. Defendant Appling seeks a continuance in this case because he has not yet received discovery. [Id. at ¶ 3]. So that counsel will have adequate time “to receive and review discovery material” with Defendant Appling, the Court GRANTS Defendant Appling's Unopposed Motion to Continue [Doc. 18]. [Id. at ¶ 4]. Accordingly, the Court CONTINUES this case to April 22, 2024, as “failure to grant . . . a continuance . . . would likely . . . result in a miscarriage of justice.” See 18 U.S.C. § 3161(h)(7)(B)(i). The pretrial conference scheduled for March 21, 2024, is CANCELED.
The ends of justice served by this continuance outweigh the best interests of the public and Defendant Appling in a speedy trial and are in accordance with the considerations required under 18 U.S.C. § 3161(h)(7)(A) for excusable delay.
SO ORDERED.