Opinion
2:23-cr-00103-RAJ
07-24-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOHNY MIXAYBOUA, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL AND EXTEND PRETRIAL MOTIONS DEADLINE
Honorable Richard A. Jones, United States District Judge
THE COURT has considered Defendant Johny Mixayboua's unopposed motion to continue the trial date and extend the pretrial motions deadline 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 Mr. Mixayboua 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 counsel for Mr. Mixayboua 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 ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and Mr. Mixayboua in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and
(e) the additional time requested between the current trial date of August 28, 2023, and the new trial date is necessary to provide counsel for Mr. Mixayboua the reasonable time necessary to prepare for trial, considering counsel's schedule and all of the facts set forth above.
IT IS THEREFORE ORDERED that the motion (Dkt. 19) is GRANTED. The trial date in this matter is continued to January 16, 2024. All pretrial motions, including motions in limine, shall be filed no later than November 30, 2023.
IT IS FURTHER ORDERED that the period of delay from the date of this order to the new trial date is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).