Opinion
7:24-CR-8 (WLS-TQL-1)
05-30-2024
UNITED STATES OF AMERICA, v. TAVIO JAVON MCNEARY, JR, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE.
Before the Court is Defendant Tavio Javon McNeary, Jr.'s (“Defendant”) Motion for Continuance in the Interest of Justice (Doc. 20). Therein, Defendant asks the Court to continue the case to the next regularly scheduled Valdosta trial term, contending that counsel needs additional time to prepare pretrial motions and review discovery.
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. 18) is GRANTED. The trial in the abovecaptioned matter is hereby CONTINUED to the Valdosta Division November 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 .