Opinion
Criminal Action 3:24-cr-00018-TES-CHW-2
08-12-2024
UNITED STATES OF AMERICA, v. AHKIEM NELSON, Defendant.
ORDER GRANTING CONSENT MOTION FOR CONTINUANCE IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE
Before the Court is the Government's Consent Motion for Continuance [Doc. 37]. On May 15, 2024, the Grand Jury returned an Indictment [Doc. 1-1] charging Defendant Ahkiem Nelson with one count of Conspiracy to Commit Straw Purchases of Firearms, in violation of in violation of 18 U.S.C. § 932(b)(2) (Count 2), and two counts of making a False Statement During the Purchase of a Firearm, in violation of 18 U.S.C. §§ 922(a)(6) and 924(a)(2) (Counts 4 & 5). [Doc. 1-1, pp. 1-8]. Defendant Nelson is in custody. [Doc. 35]; [Doc. 37, p. 1].
According to the Government's motion, “additional time [is] needed for the defense to review the discovery and engage in meaningful plea negotiations.” [Doc. 37, p. 1]. So that Defendant Nelson and his counsel will have adequate time to review and evaluate the discovery material, the Court GRANTS the Government's Consent Motion for Continuance [Doc. 37]. [Id. at pp. 1-2]. The Court CONTINUES this case to October 28, 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 August 13, 2024, is CANCELED. See Notice of Resetting Hearing, United States v. Chance, 3:24-cr-00018-TES-CHW, entered Aug. 5, 2024. The ends of justice served by this continuance outweigh the best interests of the public and Defendant Nelson 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.