Opinion
CR 21-181 RSM
12-01-2021
UNITED STATES OF AMERICA, Plaintiff, v. SYTREL DEFRANCO BUTLER; LEO MYRON DICKERSON, Defendants.
ORDER CONTINUING TRIAL DATE AND PTM DEADLINE
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.
Order
Sytrel Butler moves the Court to continue his trial, currently set for January 10, 2022, to sometime on or before May 30, 2022. The defendant states that he needs more time to review the recently provided discovery, to investigate his case, and to address the companion Supervised Release Revocation Hearing (CR 18-001 RSM) in this Court. The Government reviewed this motion and does not object; counsel for co-defendant Leo Myron Dickerson has advised the Court that Mr. Dickerson does not object to a continuance. Defendant Butler has signed a speedy trial waiver through July 2022; defendant Dickerson will execute a waiver of speed trial, to be filed no later than December 15, 2021.
The Court GRANTS the motion. In doing so, it makes the following findings:
1. The ends of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
2. Proceeding to trial absent adequate time for the defense to prepare would result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(B)(i).
3. The Court finds that the failure to grant the continuance would deny the defense the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Mr. Butler and Mr. Dickerson need sufficient time to review the discovery in this case (totaling roughly 1062 pages), consult with counsel, investigate the case, and determine how best to defend this case. They also need additional time to prepare for the related Supervised Release Revocation in this Court (CR18-001RSM (Butler) and CR20-119RSM (Dickerson)). The Court further fines that the Covid-19 pandemic continues to be a concern as set forth in General Order 13-21, which Mr. Butler cites with regard to the challenge of locating/interviewing possible witnesses, meeting with counsel at the FDC, etc. Thus, based on Mr. Butler's Motion to Continue and without objection by the co- defendant or the government, and the Court's review of the files and records in this case, the Court finds that the trial should be continued so as to allow the defendant the reasonable time to defend his case.
Accordingly, IT IS HEREBY ORDERED that the trial date is continued to May 16, 2022 at 9:00 AM. The new Pretrial Motions Deadline shall be April 7, 2022. The resulting period of delay from the filing date of Defendant's Motion until the new trial date is excluded for speedy trial purposes under 18 U.S.C. § 3161(h)(7)(A) and (B).
IT IS ORDERED.