Opinion
CRIMINAL 2:21-00087
07-11-2022
UNITED STATES OF AMERICA v. MARK BOLLING
MEMORANDUM OPINION AND ORDER
David A. Faber Senior United States District Judge
Pending before the court is defendant's motion for a continuance of trial and all related deadlines. (ECF No. 95.) Defendant requests a continuance of thirty to forty-five days. In support of the motion, defendant's counsel explains that he has been unable to visit his client at Stevens Correctional Center and prepare for pretrial motions and trial due to counsel's exposure to COVID-19. Furthermore, counsel is serving as a caretaker to his family member who has contracted COVID-19. Counsel explains that, accordingly, he will not be prepared to file pretrial motions or to begin trial. The government does not oppose the motion.
Counsel also notes that an in-person meeting with his client at this location requires a round trip of 4.5 to 5 hours.
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 August 31, 2022;
2. The Pretrial Motions Hearing is continued to September 7, 2022, at 1:30 p.m. in Bluefield;;
3. Jury Instructions and Proposed Voir Dire are due by September 7, 2022;
4. Trial of this action is continued to September 13, 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