Opinion
CRIMINAL ACTION 3:24-cr-00019-TES-CHW-6
10-24-2024
UNITED STATES OF AMERICA, v. EDGAR GIOVANI GARCIA HERNANDEZ, Defendant.
ORDER GRANTING MOTION TO CONTINUE TRIAL
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Edgar Giovani Garcia Hernandez's Motion to Continue Trial [Doc. 71]. On May 15, 2024, the Grand Judy returned an Indictment [Doc. 1] charging Defendant Garcia Hernandez with one count of Conspiracy to Possess with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. § 846, in connection with 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(viii); three counts of Possession with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 18 U.S.C. § 2; and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A). [Doc. 1, pp. 1-3]. Defendant Garcia Hernandez is detained pending trial. [Doc. 55].
In his Motion, Defendant Garcia Hernandez states that discovery in this case is voluminous and “is still being reviewed.” [Doc. 71, p. 1 ¶ 2]. So that “adequate time [can be had to] complete a thorough review of the evidence” the Court finds, pursuant to 18 U.S.C. § 3161(h)(7)(B)(i), that a failure to grant a continuance would likely result in a miscarriage of justice. [Id. at p. 2 ¶ 3]. Accordingly, the Court GRANTS Defendant Garcia Hernandez's Motion to Continue Trial [Doc. 71] and CONTINUES this case to January 27, 2025. See also Order Continuing Trial in the Interests of Justice, United States v. Armstrong, No. 3:24-cr-00019-TES-CHW-4 (M.D. Ga. Oct. 23, 2024), ECF No. 72.
The ends of justice served by this continuance outweigh the best interests of the public and Defendant Garcia Hernandez in a speedy trial and are in accordance with the considerations required under 18 U.S.C. § 3161(h)(7)(A) for excusable delay. The Court will soon schedule a Pretrial Conference for December 10, 2024, in Athens, Georgia.
SO ORDERED