Opinion
7:22-CR-7 (WLS-TQL-1)
04-22-2024
UNITED STATES OF AMERICA, v. TOCCARA LAMERE HERRING, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Toccora Lamere Herring's (“Defendant”) Unopposed Motion to Continue Trial in the Interests of Justice (“the Motion”). (Doc. 49). Therein, Defendant asks the Court to continue his trial to the next regularly scheduled Valdosta trial term, to allow additional time for the defense to review discovery which was not previously available.
Based on the Defendant's stated reasons and the fact that the Government does not oppose the Motion, 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. 49) is GRANTED. The trial in the abovecaptioned matter is hereby CONTINUED to the Valdosta Division August 2024 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.