Opinion
CRIMINAL ACTION 3:23-cr-00003-TES-CHW-1
05-30-2024
UNITED STATES OF AMERICA, v. JOSE GUADALUPE FAVELA, Defendant.
ORDER GRANTING MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT.
Before the Court is Defendant Jose Guadalupe Favela's Consent Motion for Continuance [Doc. 153]. On January 11, 2023, the Government obtained an indictment charging Defendant with Conspiracy to Possess with Intent to Distribute Controlled Substances and Distribution of Methamphetamine in violation of 21 U.S.C. § 841(a)(1); (b)(1)(A)(viii); and (b)(1)(C). [Doc. 1]. Defendant entered a plea of not guilty on February 2, 2023. [Doc. 31]. The Court has previously granted two motions to continue trial filed by Defendant. See [Doc. 114]; [Doc. 135].
Defendant now seeks a continuance for the same reasons as before: because his counsel is involved in a complex case that is expected to last several additional months and directly conflicts with the pretrial conference and trial dates in this case. [Doc. 153, ¶¶ 2-3]. The Government does not oppose the Motion. [ Id. at ¶ 5]. So as to avoid a miscarriage of justice, the Court GRANTS Defendant's Unopposed Motion to Continue [Doc. 153]. Accordingly, the Court CONTINUES this case to September 23, 2024. See 18 U.S.C. § 3161(h)(7)(B)(iv).
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.