Opinion
CRIMINAL ACTION 5:20-cr-00035-TES-CHW
09-14-2021
ORDER GRANTING JOINT MOTION FOR CONTINUANCE
TILMAN E. SELF, III, UNITED STATES DISTRICT COURT JUDGE
On September 17, 2020, the Government obtained an indictment charging the above-named Defendants with one count of Conspiracy to Defraud the United States in violation of 18 U.S.C. § 371 [Doc. 1, pp. 1-5]. Additionally, the indictment charged Defendant Tiera S. Richardson with two counts of False Statements & Representations Made to a Government Agency in violation of 18 U.S.C. § 1001(a)(2). [Id. at pp. 5-6]. Then, on October 7, 2020, Defendants appeared for arraignment and both pled not guilty to their respective indictment charges. [Doc. 11]; [Doc. 13]; [Doc. 14]. Since this date, they have remained on pretrial release. [Doc. 15]; [Doc. 16].
Before the Court is the United States of America's Joint Motion for Continuance [Doc. 34]. The currently scheduled trial term is set to begin October 2021. Both parties request a continuance to the next regularly scheduled trial term for the Macon Division. In support of its Motion, the Government contends that a continuance is necessary because “Defendant Tiera Richardson has been in [and] out of the hospital since February 2021, with significant medical issues that place her ability to be present and cognizant in court in question at this time.” [Doc. 34, ¶ 2]. Similarly, the Government argues that “[b]ecause of these evolving medical issues, defense counsel anticipates that the defendants will need to notice several medical experts[.]” [Id.].
The Court, consistent with the parties' request, GRANTS the Joint Motion for Continuance [Doc. 34], so that, taking into account the exercise of due diligence, defense counsel will not be denied reasonable time necessary for effective preparation. 18 U.S.C. § 3161(h)(7)(B)(iv). Because failure to grant a continuance would likely result in a miscarriage of justice, the Court ORDERS that this case be continued to the December Trial Term-the next trial term for the Macon Division. The ends of justice served by granting this continuance outweigh the interests of Defendants and the public in a speedy trial, and the delay occasioned by this continuance shall be deemed excludable pursuant to the provisions of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A).
SO ORDERED.