Opinion
CR21-5283-RSM
05-30-2023
UNITED STATES OF AMERICA, Plaintiff, v. JERIMIAH McCRORY, Defendant.
Rebecca Fish Assistant Federal Public Defender Vanessa Pai-Thompson Assistant Federal Public Defender Attorneys for Jeremiah McCrory
Rebecca Fish Assistant Federal Public Defender
Vanessa Pai-Thompson Assistant Federal Public Defender Attorneys for Jeremiah McCrory
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE AND PRETRIAL MOTIONS DUE DATE
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
THE COURT has considered the defendant's unopposed motion to continue trial date and pretrial motions deadline and the facts and circumstances described therein, which are hereby incorporated as findings of fact, and finds that:
(a) taking into account the exercise of due diligence, a failure to grant a continuance in this case would deny counsel for the defendant the reasonable time necessary for effective preparation due to counsel's need for more time to review the evidence, consider possible defenses, and gather evidence material to the defense, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv); and
(b) a failure to grant such a continuance in this proceeding would likely result in a miscarriage of justice, as set forth in 18 U.S.C. § 3161(h)(7)(B)(i); and
(c) the additional time requested is a reasonable period of delay, as the defendant has requested more time to prepare for trial, to investigate the matter, to gather evidence material to the defense, and to consider possible defenses; and
(d) the case is sufficiently complex that it is unreasonable to expect adequate preparation for pretrial proceedings or the trial itself within the current trial schedule, as set forth in 18 U.S.C. § 3161(h)(7)(B)(ii); and
(e) the ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and the defendant in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and
(f) the additional time requested between the current trial date of July 17, 2023, and the new trial date is necessary to provide counsel for the defendant the reasonable time necessary to prepare for trial, all of the facts set forth above; and
(g) that the period of delay from the date of this motion to the new trial date is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).
IT IS THEREFORE ORDERED that the trial date in this matter shall be continued to November 6, 2023, and that pretrial motions shall be filed no later than September 21, 2023.