Opinion
CRIM. 21-cr-00187
07-28-2021
UNITED STATES v. DASHAWN DUNCAN
ORDER REGARDING USE OF VIDEO CONFERENCING/TELECONFERENCING FOR FELONY PLEAS AND/OR SENTENCINGS
Honorable Susan D. Wigenton United States District Judge
In accordance with Standing Order 2020-06, this Court finds:
[√] That the Defendant (or the Juvenile) has consented to the use of video teleconferencing/teleconferencing to conduct the proceeding(s) held today, after consultation with counsel; and
[√] That the proceeding(s) to be held today cannot be further delayed without serious harm to the interests of justice, for the following specific reasons:
See Attachment A
Accordingly, the proceeding(s) held on this date may be conducted by:
[√] Video Teleconferencing
[ ] Teleconferencing, because video teleconferencing is not reasonably available for the following reason:
[ ] The Defendant (or the Juvenile) is detained at a facility lacking video teleconferencing capability.
[ ] Other:
ATTACHMENT A
The Court finds that the sentencing hearing to be held on July 28, 2021 cannot be further delayed without serious harm to the interests of justice, for the following reasons:
1. To ensure that the Court is not overwhelmed by cases and proceedings during this period of emergency. Currently, new criminal cases continue to be assigned by the Court during the emergency. If the Court cannot resolve matters by guilty plea and sentencing, the resulting backlog will overwhelm the Court's ability to effectively function. The concern of such congestion and the particular harm that likely will be caused by delays in the processing of cases and matters in the future is particularly acute in this emergency, at least given that it is unknown when this emergency will fully end and when the Court will be able to function at normal capacity.
2. To permit the defendant to obtain a speedy resolution of his case through an admission of guilt, timely sentencing to afford appropriate punishment and rehabilitation, and the defendant making amends to any victims through an admission of responsibility and restitution.
3. To permit the victims of the offense the ability to obtain a speedy resolution for the harm caused to them by the offender.
4. To permit the Government to obtain a resolution of the case so that the Government, already operating in a restricted capacity due to the emergency, may appropriately focus its resources on other, emerging criminal matters. The Government has asked for this case to be resolved today by way of sentencing.
5. Furthermore, the defendant would like to move forward and resolve this case without undue delay.