Opinion
CRIMINAL ACTION 5:22-cr-00018-TES-CHW-1
03-15-2023
UNITED STATES OF AMERICA, v. GABRIEL NUNEZ, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE
Before the Court is an Unopposed Motion to Continue [Doc. 30] filed by Defendant Gabriel Nunez. [Doc. 30, ¶ 4]. On April 12, 2022, the Government obtained a four-count indictment charging Defendant Nunez with two counts of Theft of a Firearm from a Federal Firearms License and two counts of Possession of Stolen Firearms in violation of 18 U.S.C. §§ 922(u) and 924(i)(1) and 18 U.S.C. §§ 922(j) and 924(a)(2), respectively. See generally [Doc. 1]. He pled “Not Guilty” on October 19, 2022, at his initial appearance before a United States Magistrate Judge. [Doc. 11]; [Doc. 15].
Defendant Nunez seeks another continuance because his counsel needs more time “to review discovery and investigate the case.” [Doc. 30, ¶ 2]. Defendant further states that “[d]iscovery is voluminous and involves allegations of multiple thefts and burglaries over several months and jurisdictions[]” and that “[t]he temporal and geographic spread in this case means investigation takes longer than it otherwise might[,]” rending plea negotiations incomplete. [Id.]. Accordingly, the Court GRANTS the Defendant Nunez's Unopposed Motion to Continue [Doc. 30], and this case is CONTINUED to the Court's next regularly scheduled Trial Term-June 19, 2023. See 18 U.S.C. § 3161(h)(7)(B)(i).
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.