Opinion
7:22-cr-34 (WLS)
09-11-2023
UNITED STATES OF AMERICA v. DEVIN DEWAYNE HUNTER, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE
Before the Court is the Unopposed Motion to Continue Trial in the Interest of Justice (Doc. 26) (“Motion”). Therein, Defense Counsel requests a continuance of the trial of this matter from the November 2023 trial term to a trial term satisfactory to the Court. Defense Counsel states that Defendant has been in state custody from April 6, 2023, to August 4, 2023, and has not had the opportunity to review discovery in the instant case. Thus, Defendant requests additional time to review discovery and prepare his defense. Defense Counsel also notes that the Government does not oppose the Motion.
Based on the Defendant's stated reasons, the Court finds that the ends of justice served by granting 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 Motion (Doc. 26) is GRANTED.
The Court hereby ORDERS that the trial in the above-referenced matter be CONTINUED to the Valdosta Division February 2024 trial term 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, is 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 (a) would likely result in a miscarriage of justice, and (b) would deny Defense Counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(i), (iv).
SO ORDERED.