Opinion
2:22-mj-00119-DJA
04-10-2023
UNITED STATES OF AMERICA, Plaintiff, v. TABIEN ELIJAH BURTON, Defendant.
RENE L. VALLADARES Federal Public Defender NAVID AFSHAR Assistant Federal Public Defender JASON M. FRIERSON United States Attorney IMANI DIXON Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender NAVID AFSHAR Assistant Federal Public Defender
JASON M. FRIERSON United States Attorney IMANI DIXON Assistant United States Attorney
ORDER TO CONTINUE BENCH TRIAL (SIXTH REQUEST)
DANIEL J. ALBREGTS United States Magistrate Judge
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Imani Dixon, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Navid Afshar, Assistant Federal Public Defender, counsel for Tabien Elijah Burton, that the bench trial currently scheduled on April 12, 2023, be vacated and continued to a date and time convenient to the Court, but no sooner than sixty (60) days.
This Stipulation is entered into for the following reasons:
1. Counsel for the defendant and the government have been in negotiations to resolve this matter.
2. Counsel for the government has requested additional information that counsel for defendant has attempted to procure. He needs additional time to obtain this information which may obviate the need for a trial.
3. Based on communication issues, counsel only received this material recently. The government needs time to review and determine whether the parties can resolve the matter or if a trial will be necessary.
4. Counsel does not anticipate any further continuance requests barring unforeseen circumstances.
5. The defendant is not in custody and agrees with the need for the continuance.
6. The parties agree to the continuance.
7. Counsel does not anticipate any further continuances.
8. The parties are asking for 60 days because counsel for the government will be out of the jurisdiction May 8 - 19, 2023 and counsel for the defendant has a jury trial that is proceeding May 8, 2023. Additionally, as the parties do not anticipate any further continuances, if this matter does not resolve, the parties will proceed to trial. The additional time would be to ensure both parties can conduct a trial without scheduling issues.
This is the sixth request for a continuance of the bench trial.
ORDER
IT IS THEREFORE ORDERED that the bench trial currently scheduled for Wednesday, April 12, 2023, at 9:00 a.m., be vacated and continued to June 21, 2023, at 9:00 a.m., Courts 3A.