Opinion
CRIMINAL ACTION 3:23-cr-00012-TES-CHW-5
10-22-2024
UNITED STATES OF AMERICA, v. ALY GUTIERREZ, Defendant.
ORDER GRANTING MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE.
Before the Court is Defendant Aly Gutierrez's Motion for Continuance [Doc. 86]. On April 12, 2023, the Government obtained an indictment charging Defendant with Conspiracy to Possess with Intent to Distribute Methamphetamine, Possession with Intent to Distribute Methamphetamine, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. [Doc. 1]. Defendant entered a plea of not guilty on September 24, 2024. [Doc. 78].
In violation of 21 U.S.C. § 846.
In violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 18 U.S.C. § 2.
In violation of 18 U.S.C. §§ 2, 924(c)(1)(A).
Defendant seeks a continuance to allow his counsel to receive and review discovery, as well as continue plea negotiations with the Government. [Doc. 86, pp. 12]. So as to avoid a miscarriage of justice, the Court GRANTS Defendant's Motion for Continuance [Doc. 86], and CONTINUES this case to December 2, 2024. 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.