Opinion
CRIMINAL ACTION 3:24-cr-00013-TES-CHW-1
04-25-2024
UNITED STATES OF AMERICA v. ANTONIO MONARREZ-CEPEDA, Defendant.
ORDER GRANTING MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE
Before the Court is Defendant Antonio Monarrez-Cepeda's Motion to Continue Trial in the Interest of Justice [Doc. 21]. On April 9, 2024, the Government obtained an indictment charging Defendant with one count of Illegal Reentry in violation of 8 U.S.C. § 1326(a) and (b)(1). [Doc. 1]. During his arraignment before the United States Magistrate Judge on April 17, 2024, the Federal Defenders for the Middle District of Georgia were appointed, and Defendant entered a plea of not guilty. [Doc. 13]; [Doc. 14]; [Doc. 15].
Defendant seeks to continue trial because Defense counsel has not yet had the opportunity to review discover or discuss next steps in the case with Defendant. [Doc. 21, p. 2]. So that counsel will have adequate time to review discovery and discuss strategy with Defendant Monarrez-Cepeda, the Court GRANTS Defendant's Motion to Continue [Doc. 21]. Accordingly, the Court CONTINUES this case to July 22, 2024, as “failure to grant . . . a continuance . . . would likely . . . result in a miscarriage of justice.” See 18 U.S.C. § 3161(h)(7)(B)(i). The pretrial conference scheduled for April 25, 2024, is CANCELED.
The ends of justice served by this continuance outweigh the best interests of the public and Defendant in a speedy trial and are in accordance with the considerations required under 18 U.S.C. § 3161(h)(7)(A) for excusable delay.
SO ORDERED.