Opinion
CRIMINAL ACTION 3:23-cr-00012-TES-CHW-1
03-28-2024
UNITED STATES OF AMERICA, Plaintiff. v. JUSTIN HYDE CERVANTES, Defendant.
ORDER GRANTING DEFENDANT'S THIRD 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 Third Unopposed Motion to Continue Trial [Doc. 44]. 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] and another on February 21, 2024 [Doc. 43].
Defendant now requests a third continuance for the same reason as before: The amount of discovery is voluminous. [Doc. 44, p. 2]. Specifically, the discovery contains numerous audio and video recordings, cell phone extraction reports, and over 1,600 pages of reports and photos. [Id.]. So that counsel will have adequate time to continue reviewing discovery with Defendant Cervantes, the Court GRANTS Defendant's Unopposed Motion to Continue [Doc. 44]. See [id.]. Accordingly, the Court CONTINUES this case to June 24, 2024, as “failure to grant . . . a continuance . . . would likely . . . result in a miscarriage of justice.” See 18 U.S.C. § 3161(h)(7)(B)(i). The pretrial conference scheduled for April 10, 2024, is CANCELED.
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