Opinion
7:23-CR-65 WLS-TQL-03
09-11-2023
UNITED STATES OF AMERICA, v. BOBBY LEON KAISER, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE
Previously, the Court provided the Parties with notice that this case was scheduled for pretrial conference on Wednesday, September 13, 2023, at 3:00 p.m. and for trial on Monday, October 9, 2023 (Doc. 247). In the event the case is not ready for trial, the Parties were ordered to file a motion to continue at least two days prior to the date of the noticed pretrial conference. (Id.)
The Defendant, Bobby Leon Kaiser, filed an Unopposed Motion to Continue Trial (Doc. 291) (“Motion”). Defendant was indicted on July 12, 2023, and his first appearance occurred on August 17, 2023. Defense Counsel requests a continuance so that Defendant will have time to receive and review the discovery, to consider any appropriate pretrial motions, and to prepare a proper defense for trial. (Doc. 291). Defendant also notes that the Government does not oppose the instant Motion. (Id.)
Based on the Defendant's stated reasons, the Court finds that a continuance is required for Defense Counsel to effectively prepare for trial. The Court further finds 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, Defendant's Unopposed Motion (Doc. 291) is GRANTED. The Court hereby ORDERS that the trial in the above-referenced matter be CONTINUED to the Valdosta Division February 2024 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, 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 (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).
Additionally, the September 13, 2023 pretrial conference is CANCELLED.
SO ORDERED.