Opinion
7:23-CR-13 (WLS-TQL-1)
09-15-2023
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
Before the Court is an Unopposed Motion to Continue in the Interest of Justice (Doc. 39) submitted by the Defendant on September 15, 2023. Therein, Defendant requests the Court to continue both the pretrial conference and trial set for the November 2023 trial term, and requests that the case be continued to the next available Valdosta trial term. (Id.) Defense Counsel states that the Government has provided a plea agreement that is likely to resolve the case without the need of a jury trial and needs additional time to make a final determination. (Id.) Defense Counsel also states that the Government does not oppose the instant Motion. (Id.)
Based on the Parties' stated reasons, the Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and the Defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A)-(B). Therefore, the Unopposed Motion to Continue in the Interest of Justice (Doc. 39) is GRANTED. The pretrial conference is CANCELED. The Court hereby ORDERS that the trial in the above-referenced matter be CONTINUED to the Valdosta Division February trial term beginning on February 5, 2024, and its conclusion, or as may otherwise be ordered by the Court.
Furthermore, it is ORDERED that the time lost under the Speedy Trial Act, 18 U.S.C. § 3161, be EXCLUDED pursuant to 18 U.S.C. § 3161(h)(7) because the Court has continued the trial in this case and finds that the failure to grant a continuance would likely result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B)(i).
SO ORDERED,