Opinion
CRIMINAL NO. 2:19-00300
03-03-2020
UNITED STATES OF AMERICA v. JOSEPH LEE HARPER
MEMORANDUM OPINION AND ORDER
Pending before the court is defendant's Motion to Continue. (ECF No. 22.) In support of his motion, counsel for defendant explains that additional time is needed to continue negotiating with the government and to evaluate discovery. (See id.) Counsel also stated that the government does not oppose the continuance of this matter. (See id.) For good cause shown, defendant's motion is GRANTED.
Because failure to grant the requested continuance would likely result in a miscarriage of justice, the court finds that the ends of justice outweigh the interest of the defendant and the public in a speedy trial, see 18 U.S.C. § 3161(h)(7)(A), and GRANTS the defendant's motion to continue. In deciding to grant defendant's motion, the court considered the factors outlined in 18 U.S.C. § 3161(h)(7)(B) and finds that denying the motion "would deny counsel for the defendant . . . the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." Id. § 3161(h)(7)(B)(iv).
Accordingly, the court hereby ORDERS as follows: I. The deadline for the filing of pretrial motions is continued until April 2, 2020; II. The Pretrial Motions Hearing is continued until 1:00 p.m. on Monday, April 6, 2020, in Charleston; III. Jury Instructions and Proposed Voir Dire are due to the court by April 30, 2020; IV. Trial of this action is continued until 9:30 a.m. on Tuesday, May 5, 2020, in Charleston; V. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the time from the filing of the motion until the trial is excludable for purposes of the Speedy Trial Act.
The Clerk is directed to send a copy of this Memorandum Opinion and Order to all counsel of record, to the United States Marshal for the Southern District of West Virginia, and to the Probation Office of this court.
IT IS SO ORDERED this 3rd day of March, 2020.
ENTER:
/s/_________
David A. Faber
Senior United States District Judge