Opinion
CR21-0100-JCC
12-08-2021
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW JEFFEREY CHASE, Defendant.
ORDER
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
This matter comes before the Court on Defendant's unopposed motion to continue the trial date and pretrial motions deadline. (Dkt. No. 58.) Trial in this case is currently set for December 13, 2021. (Dkt. No. 47.)
The Government has informed the Court that it does not oppose.
Defendant indicates that, in order to adequately prepare for trial, defense counsel needs additional time to meet with and review discovery with Defendant, which has been hampered to date by health and safety measures implemented by the Federal Detention Center relating to the COVID-19 pandemic. (Dkt. No. 58 at 1-2.)
Having thoroughly considered the briefing and the relevant record, the Court FINDS that the ends of justice served by granting a continuance outweigh Defendant's and the public's interests in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A). The reasons for this finding are:
1. Taking into account the exercise of due diligence, a failure to grant a continuance would deny defense counsel the reasonable time necessary for effective preparation. See 18 U.S.C. § 3161(h)(7)(B)(iv).
2. Failure to grant a continuance would likely result in a miscarriage of justice.See 18 U.S.C. § 3161(h)(7)(B)(i).
Accordingly, the Court ORDERS as follows:
a) Defendant's motion (Dkt. No. 58) is GRANTED.
b) The December 13, 2021 jury trial is CONTINUED to February 28, 2022.
c) The pretrial motions deadline is CONTINUED until January 28, 2022.
d) The period from the date of this order until February 28, 2022 is an excludable period under 18 U.S.C. § 3161(h)(7)(A).