Opinion
7:24-CR-29 (WLS-TQL)
09-25-2024
UNITED STATES OF AMERICA, v. ZYKENZIE CALHOUN, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE.
Before the Court is Defendant Zykenzie Calhoun's (“Defendant”) Motion for Continuance in the Interests of Justice (“the Motion”) (Doc. 23). Therein, Defendant asks the Court to continue the trial in the above-captioned case from the specially set November 2024 trial term to the February next Valdosta Division trial term. Counsel contends such a continuance is warranted to afford Counsel time to review discovery, conduct research and engage in plea negotiations.
For the stated reasons, and because the Government does not oppose, the Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and Defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A)-(B). Thus, and for good cause shown, the Motion (Doc. 23) is GRANTED. The trial in the above-captioned matter is hereby CONTINUED to the February 2024 and its conclusion, or as may be otherwise ordered by the Court. Furthermore, it is ORDERED that the time lost under the Speedy Trial Act, 18 U.S.C. § 3161, be EXCLUDED pursuant to 18 U.S.C. § 3161(h)(7) because the Court has continued the trial in this case and finds that the failure to grant a continuance would likely result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B)(i).
SO ORDERED.