Opinion
CRIMINAL ACTION 3:23-cr-00003-TES-CHW-1
08-28-2024
UNITED STATES OF AMERICA, v. JOSE GUADALUPE FAVELA, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, UNITED STATES DISTRICT COURT JUDGE
Before the Court is Defendant Jose Guadalupe Favela's Unopposed Motion for Continuance [Doc. 163]. 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].
Defendant seeks a continuance because his counsel is involved in a complex case in Fulton County, Georgia, where the trial is expected to last several months, and directly conflicts with the trial date in this case. [Doc. 163, p. 2]. So as to avoid a miscarriage of justice, the Court GRANTS Defendant's Motion for Continuance [Doc. 163], and this case and its pretrial conference are CONTINUED to November 18, 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, this 28th day of August, 2024.