Opinion
7:23-CR-38-WLS-TQL
06-02-2023
UNITED STATES OF AMERICA, v. AHMAREE FREDERICK, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE
Previously, the Court provided the Parties with notice that this case was scheduled for pretrial conference on Tuesday, June 6, 2023, at 3:00 p.m. and for trial on Monday, June 26, 2023 (Doc. 17). In the event the case is not ready for trial, the Parties were ordered to file a motion to continue at least two days prior to the date of the noticed pretrial conference. (Id.) Defendant filed a timely Consent Motion to Continue Trial (Doc. 21) (“Motion”) requesting a continuance to allow Defense Counsel to engage in discovery with the Government and to confer with Defendant to determine whether a trial is necessary in this matter. Defendant represents that the Government does not oppose the continuance.
Based on the Defendant's stated reasons, the Court finds that a continuance is required for Defense Counsel to effectively prepare for trial. The Court further finds the ends of justice served by granting such a continuance outweigh the best interests of the public and the Defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A)-(B). Therefore, the Motion (Doc. 21) is GRANTED. The Court hereby ORDERS that the trial in the above-referenced matter be CONTINUED to the Valdosta Division November 2023 term and its conclusion, or as may otherwise be ordered by the Court.
Furthermore, it is ORDERED that the time lost under the Speedy Trial Act, 18 U.S.C. § 3161, be EXCLUDED pursuant to 18 U.S.C. § 3161(h)(7) because the Court has continued the trial in this case and finds that the failure to grant a continuance (a) would likely result in a miscarriage of justice, and (b) would deny Defense Counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(A), (B)(i), (iv).
The June 6, 2023 pretrial conference is CANCELLED.
SO ORDERED.