Opinion
CRIM. 3:21-cr-277-ECM
07-14-2022
UNITED STATES OF AMERICA v. WESLEY ALAN SOUTHERLAND
MEMORANDUM OPINION AND ORDER
EMILY C. MARKS, CHIEF UNITED STATES DISTRICT JUDGE.
Now pending before the Court is Defendant Wesley Alan Southerland's second unopposed motion to continue trial (doc. 55). Jury selection and trial are presently set on the term of court commencing on August 15, 2022. For the reasons set forth below, the court will grant a continuance of the trial pursuant to 18 U.S.C. § 3161(h)(7).
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 “findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.” 18 U.S.C. § 3161(h)(7)(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).
Counsel for the Defendant represents that he has secured a forensic evaluation for the Defendant but has had difficulty getting the evaluation scheduled. Counsel anticipates the case resolving without the need of a trial but he requires the evaluation prior to the Defendant entering into a plea agreement. The United States does not oppose a continuance. Accordingly, the Court concludes that the ends of justice served by continuing trial outweigh the best interest of the public and the Defendant in a speedy trial. Thus, for good cause, it is
ORDERED that the motion to continue (doc. 55) is GRANTED, and jury selection and trial are CONTINUED from August 15, 2022, to the criminal term of court set to commence on November 28, 2022, at 10:00 a.m. in Opelika, Alabama. All deadlines tied to the trial date are adjusted accordingly.
The United States Magistrate Judge shall conduct a pretrial conference prior to the November trial term.