Opinion
Crim. 2:22-cr-167-ECM
10-23-2022
UNITED STATES OF AMERICA v. MARCUS SALTER
MEMORANDUM OPINION AND ORDER
EMILY C. MARKS, CHIEF UNITED STATES DISTRICT JUDGE
Defendant Marcus Salter's jury selection and trial were set on the term of court commencing on October 17, 2022. However, prior to the trial setting, the Defendant absconded and did not appear for trial. The Defendant was arrested on October 19, 2022. Accordingly, for the reasons set forth below, the court will continue jury selection and trial pursuant to 18 U.S.C. § 3161(h)(3)(A).
While the trial judge enjoys great discretion when determining whether to grant a continuance, the court is limited by the requirements of the Speedy Trial Act. 18 U.S.C. § 3161; United States v. Stitzer, 785 F.2d 1506, 1516 (11th Cir. 1986). The Act provides in part:
“In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.”18 U.S.C. § 3161(c)(1).
The Act excludes, however, certain delays from the seventy-day period, including delays based on “[a]ny period of delay resulting from the absence or unavailability of the defendant.” 18 U.S.C. § 3161(h)(3)(A). In determining whether to grant a continuance under § 3161(h)(7), the Court “shall consider,” among other factors, whether denial of a continuance would likely “result in a miscarriage of justice,” or “would deny counsel for the defendant . . . the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.” § 3161(h)(7)(B)(i), (iv).
The Defendant's co-defendants are set for trial in March 2022. “There is a preference in the federal system for joint trials of defendants who are indicted together.” Zafiro v. United States, 506 U.S. 534, 537 (1993). After careful consideration, the Court finds that the ends of justice served by granting a continuance of this trial outweigh the best interest of the public and the Defendant in a speedy trial. Thus, for good cause, it is
ORDERED that jury selection and trial are CONTINUED from October 17, 2022, to the criminal term of court set to commence on March 6, 2023, at 10:00 a.m. in Montgomery, Alabama. All deadlines tied to the trial date are adjusted accordingly.
The United States Magistrate Judge shall conduct a pretrial conference prior to the March trial term.