Opinion
CRIMINAL ACTION 5:21-cr-00029-TES-CHW-1
08-30-2021
ORDER GRANTING UNOPPOSED MOTION FOR CONTINUANCE
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Devon Antonio Futrell's Unopposed Motion for Continuance [Doc. 20]. On June 9, 2021, the Grand Jury charged Defendant with two counts of Possession of a Firearm by a Convicted Felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). [Doc. 1, pp. 1-3]. Defendant entered a plea of not guilty on June 18, 2021. [Doc. 10].
In his unopposed motion, Defendant states that he “has potentially significant cognitive issues that counsel is exploring” and that based on “[s]ome of counsel's interactions” there are concerns with Defendant's “competency” or a “potential sentencing mitigation.” [Doc. 20, p. ¶ 1]. So that Defendant's cognitive issues can be explored, the Court GRANTS Defendant's Unopposed Motion for Continuance [Doc. 20] and CONTINUES this case to the Court's next regularly scheduled Trial Term- December 13, 2021. The ends of justice served by this continuance outweigh the best interests of the public and Defendant for 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.