Opinion
CRIMINAL ACTION 3:23-cr-00012-TES-CHW-1
02-21-2024
UNITED STATES OF AMERICA, Plaintiff. v. JUSTIN HYDE CERVANTES, Defendant.
ORDER GRANTING DEFENDANT'S SECOND UNOPPOSED MOTION TO CONTINUE TRIAL IN THE INTEREST OF JUSTICE
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Justin Hyde Cervantes's Second Unopposed Motion to Continue Trial [Doc. 42]. On April 12, 2023, the Government obtained an indictment charging Defendant with one count of Conspiracy to Possess with Intent to Distribute Methamphetamine, in violation of Title 21, U.S.C. § 846; two counts of Distribution of Methamphetamine, in violation of Title 21, U.S.C. § 841(a)(1) and Title 18, U.S.C. § 2; and Possession with Intent to Distribute Methamphetamine, in violation of Title 18, U.S.C. § 2. [Doc. 1]. In his arraignment before the United States Magistrate Judge on December 14, 2023, Defendant entered a plea of not guilty as to all counts. [Doc. 14]. The Court previously granted Defendant a continuance on December 18, 2023. [Doc. 27].
Defendant now requests a second continuance because of the large amount of discovery that Defendant and counsel received last month. [Doc. 42, p. 2]. Specifically, the discovery contains numerous audio and video recordings, cell phone extraction reports, and over 1,600 pages of reports and photos, which counsel needs further time to review with the Defendant. [Id.]. So as to avoid a miscarriage of justice, the Court GRANTS Defendant's Motion to Continue Trial in the Interest of Justice [Doc. 42], and this case and its pretrial conference are CONTINUED to the Court's April trial term- beginning April 22, 2024. See 18 U.S.C. § 3161(h)(7)(B)(iv).
The ends of justice served by this continuance outweigh the best interests of the public and Defendant 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.