Opinion
CRIMINAL NO. 2:18-CR-119-2
03-29-2018
UNITED STATES OF AMERICA v. ORLANDO ELISEO GARCIA
OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE
On March 29, 2018, Defendant Garcia moved for a continuance of the final pretrial conference and jury selection and trial because the Co-Defendant was scheduled for a hearing on April 19, 2018 on a motion to suppress that might affect the outcome of Garcia's case (D.E. 30). The United States was unopposed to the motion.
Under the Speedy Trial Act, a district court may grant a continuance and exclude the resulting delay from the time in which a trial must commence if it makes on-the-record findings that the ends of justice served by granting the continuance outweigh the public's and defendant's interests in a speedy trial. 18 U.S.C. § 3161(h)(7). In addition, the Court can sua sponte continue a case when the defendant is joined for trial with a co-defendant as to whom the time for trial has not run and no motion for severance has been granted. 18 U.S.C. § 3161(h)(6).
Having considered the Defendant's motion, the Court finds that the failure to grant a continuance in this case would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence because the outcome of a hearing scheduled for April 19, 2018, may affect the outcome of Garcia's case. In addition Garcia and Flores are co-defendants and a severance of the two defendants for trial has not been requested or granted.
Accordingly, the Court finds that the ends of justice are served by granting a continuance in this case and outweigh the best interests of the public and Defendant in a speedy trial, and the period of the continuance is excluded from speedy trial computation.
The Court GRANTS the Defendant's motion and CONTINUES the final pretrial conference until April 25, 2018 at 9:00 a.m. before undersigned and schedules the jury selection and trial for May 7, 2018, at 9:00 a.m. before Hon. Nelva Gonzales Ramos.
ORDERED this 29th day of March, 2018.
/s/_________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE