Opinion
7:23-CR-045 (WLS)
09-11-2023
UNITED STATES OF AMERICA, Plaintiff, v. JUDITH ALANE CHAVIS, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE
Before the Court is the Unopposed Motion to Continue Trial in the Interest of Justice (Doc. 22) (“Motion”). Therein, Defense Counsel requests a continuance of the trial of this matter from the November 2023 trial term to the next Valdosta trial term. Defense Counsel states that although she received the Government's discovery in May of 2023, she is still waiting to receive records relevant to Defendant's defense. Defense Counsel also notes that the Government does not oppose the instant Motion.
Based on the Defendant's stated reasons, the Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the Defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A)-(B). Therefore, the Motion (Doc. 22) is GRANTED.
The Court hereby ORDERS that the trial in the above-referenced matter be CONTINUED to the Valdosta Division February 2024 trial term and its conclusion, or as may otherwise be ordered by the Court. Furthermore, it is ORDERED that the time lost under the Speedy Trial Act, 18 U.S.C. § 3161, is 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 (a) would likely result in a miscarriage of justice, and (b) would deny Defense Counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(i), (iv).
SO ORDERED.