Opinion
Criminal Action 3:23-cr-00003-TES-CHW-3
03-17-2023
UNITED STATES OF AMERICA, v. DIEGO GARCIA, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT.
Before the Court is the Government's Unopposed Motion for Continuance [Doc. 71]. On January 11, 2023, the Government obtained an indictment charging Defendant Diego Garcia with Conspiracy to Possess with Intent to Distribute Controlled Substances 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 28, 2023. [Doc. 61].
The Government seeks a continuance because all other Co-Defendants filed motions to continue, which the Court previously granted. [Doc. 71, p. 1]. So as to avoid a miscarriage of justice, the Court GRANTS the Government's Unopposed Motion for Continuance [Doc. 71], and this case and its pretrial conference are CONTINUED to the Court's June trial term to be tried along with the other Co-Defendants in this case. 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.