Opinion
21 Crim. 478 (ER)
03-16-2022
UNITED STATES OF AMERICA, v. TREVOR MILTON, Defendant.
ORDER
EDGARDO RAMOS, U.S.D.J.
On March 11, 2022, Milton filed a letter in which he presented arguments that the Court may properly schedule a trial date in this matter despite the existence of a pending interlocutory appeal challenging this Court's denial of a motion to dismiss for improper venue. Doc. 96. Milton requested that the Court set a trial date of April 25, 2022. The Government responded, arguing that the Court is in fact divested of jurisdiction to schedule a trial date due to the pending appeal in which Milton argues that venue is improper. Doc. 97. The Government requested a trial date of July 18, 2022.
At this time, the Court finds that it does not have authority to set a definitive trial date while the interlocutory appeal is pending. Further, the Court is unable to secure a trial date of April 25, 2022 in light of the current scheduling protocols. However, the Court will tentatively hold July 18, 2022 as a trial date so that trial may be scheduled at that time in the event that the interlocutory appeal is resolved.
SO ORDERED. 1