Opinion
CRIMINAL ACTION 3:23-cr-00023-TES-CHW
07-03-2024
UNITED STATES OF AMERICA v. TREAVION COX, Defendant.
ORDER GRANTING MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE
Before the Court is Defendant Treavion Cox's Unopposed Motion to Continue Trial in the Interest of Justice [Doc. 21]. On December 12, 2023, the Government obtained an indictment charging Defendant with one count of Illegal Possession of a Machine Gun in violation of 18 U.S.C. §§ 922(o) and 924(a)(2). [Doc. 1]. However, Defendant was not arraigned until April 17, 2024, where he entered a plea of not guilty. [Doc. 11]; [Doc. 12]. That same day, the United States Magistrate Judge entered an order appointing the Federal Defenders to represent Defendant. [Doc. 10]. Defendant's pretrial conference was originally scheduled for April 25, 2024, but because discovery was still ongoing, the Government requested a continuance, which the Court granted, rescheduling the pretrial conference to July 2, 2024. [Doc. 19]; [Doc. 20].
At the hearing on July 2, 2024, Defendant notified his counsel that he intended to hire a private attorney. See [Doc. 22]. Now, so that he has time to gather resources to retain an attorney, Defendant seeks to continue trial from July 22, 2024, to September 23, 2024. [Doc. 21, p. 1]. The Government does not oppose the Motion. [Id. at p. 2]. So that Defendant will have adequate time to retain counsel, the Court GRANTS Defendant's Motion to Continue [Doc. 21]. See 18 U.S.C. § 3161(h)(7)(B)(iv).
Accordingly, the Court CONTINUES this case to September 23, 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 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.