Opinion
CRIMINAL ACTION 3:24-cr-00008-TES-CHW-3
10-30-2024
UNITED STATES OF AMERICA, v. ROSBELI FLORES-BELLO, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL IN THE INTEREST OF JUSTICE
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Rosebeli Flores-Bello's Unopposed Motion to Continue [Doc. 89]. [Doc. 89, p. 2 ¶ 5]. On June 11, 2024, the Government obtained a Superseding Indictment [Doc. 37] charging Defendant Flores-Bello with two counts of Possession of Counterfeit Immigration Document (Counts 5 and 6) in violation of 18 U.S.C. § 1546(a). [Doc. 37, pp. 2-3].
The Court recently continued this matter to December 2, 2024, so that Defendant Flores-Bello would have an opportunity to fully review discovery. [Doc. 83, p. 1]; [Doc. 82]. Subsequently, the Court set a Pretrial Conference for November 5, 2024. See Notice of Setting Hearing, United States v. Flores-Bello, 3:24-cr-00008-TES-CHW-3, entered Oct. 23, 2024. In Defendant Flores-Bello's latest Motion, she states that she is unavailable to attend the Pretrial Conference set for November 5, 2024, due to a Writ of Possession Ad Testificandum issued on October 17, 2024, by the Superior Court of Athens-Clarke County, Georgia. [Doc. 89, p. 2 ¶3]. Defendant Flores-Bello further states that she will likely remain in State custody on the Writ through November 18, 2024. [Id. at p. 2 ¶ 4].
Since “failure to grant . . . a continuance in [this] proceeding would be likely to make a continuation of [it] impossible” and would likely . . . result in a miscarriage of justice,” the Court CONTINUES this case January 27, 2025. See 18 U.S.C. § 3161(h)(7)(B)(i). The pretrial conference scheduled for November 5, 2024, is CANCELED and reset for December 10, 2024, in Athens, Georgia. The ends of justice served by this continuance outweigh the best interests of the public and Defendant Rosbeli Flores-Bello 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.