Opinion
CR20-140 RAJ
12-07-2021
UNITED STATES OF AMERICA, Plaintiff, v. RICARDO GUTIERREZ-SUAREZ, Defendant.
ORDER GRANTING STIPULATED MOTION TO CONTINUE TRIAL DATE AND PRETRIAL MOTIONS DEADLINE
Honorable Richard A. Jones United States District Judge
This matter having come before the Court on the parties' stipulated motion for a continuance of the trial date and the pretrial motions deadline, and the Court having considered the facts set forth in the motion and the records and files herein, as well as the General Orders of this Court, the Court finds as follows:
The Court finds that the ends of justice will be served by ordering a continuance in this case, that a continuance is necessary to ensure adequate time for effective case preparation, and that these factors outweigh the best interests of the public and defendant in a speedy trial.
1. A failure to grant the continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, within the meaning of 18 U.S.C. § 3161(h)(7)(B)(iv). In addition, the failure to grant a continuance in the proceeding would likely result in a miscarriage of justice, within the meaning of 18 U.S.C. § 3161(h)(7)(B)(i).
2. The ends of justice will be served by ordering a continuance in this case, as a continuance is necessary to ensure adequate time for the defense to review discovery and effectively prepare for trial. All these factors outweigh the best interests of the public and defendant in a more speedy trial, within the meaning of 18 U.S.C. § 3161(h)(7).
IT IS THEREFORE ORDERED that the motion (Dkt. # 46) is GRANTED. The trial date is continued from January 24, 2022, to April 4, 2022.
IT IS FURTHER ORDERED that all pretrial motions, including motions in limine, shall be filed no later than February 24, 2022.
IT IS FURTHER ORDERED that the resulting period of delay from the date of this order to the new trial date of April 4, 2022, is hereby excluded for speedy trial purposes under 18 U.S.C. § 3161(h)(7)(A) and (h)(7)(B)(iv).