Opinion
CRIMINAL ACTION NO. 2:18-CR-617
01-24-2019
UNITED STATES OF AMERICA v. ERNESTINA GUTIERREZ
OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE
On January 23, 2019, Defendant moved for a continuance of the final pretrial conference and jury selection and trial for medical reasons preventing the Defendant and counsel adequate time to review the discovery together and to make an informed decision about whether to plead guilty or go to trial (D.E. 39). 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).
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.
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 (D.E. 39) and CONTINUES the final pretrial conference until Wednesday, February 20, 2019, at 8:00 a.m. before undersigned and schedules the jury selection and trial for March 4, 2019, at 9:00 a.m. before Hon. Nelva Gonzales Ramos.
ORDERED this 24th day of January, 2019.
/s/_________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE