First, Mr. Garcia-Patino is in custody, which "weighs against tolling the clock" during the continuance the court granted his co-defendants. See United States v. Thomas, No. 12-40044-2-JAR, 2012 WL 5384662, at *2 (D. Kan. Nov. 1, 2012). But, on the second factor, the government has charged Mr. Garcia-Patino with conspiring to distribute and possess with intent to distribute more than 50 grams of methamphetamine, as well as possessing more than 50 grams of methamphetamine.