Opinion
7:24-CR-28 (WLS-TQL)
09-24-2024
UNITED STATES OF AMERICA, v. GREGORIO HERNANDEZ-CARBAJAL, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Gregorio Hernandez-Carbajal (“Defendant”) Unopposed Motion to Continue Trial in the Interests of Justice. (Doc. 24). Therein, Defendant asks the Court to continue the pretrial conference and trial in the above-captioned case from the November 2024 term to the next Valdosta Division trial term. Counsel contends such a continuance is warranted to afford Counsel time to confer with newly-retained counsel in Defendant's immigration case.
For the stated reasons and the fact that the Government does not oppose, the Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and Defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A)-(B). Therefore, the Motion (Doc. 20) is GRANTED. The trial in the above-captioned matter is hereby CONTINUED to the Valdosta Division February 2025 trial term and its conclusion, or as may be otherwise 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.