Opinion
CRIMINAL ACTION 5:23-cr-00008-TES-CHW
03-13-2023
UNITED STATES OF AMERICA, v. EVA REBECCA WELLS and BILLY LEE WELLS, JR., Defendants.
ORDER GRANTING JOINT MOTION TO CONTINUE TRIAL
TILMAN E. SELF, III, UNITED STATES DISTRICT COURT JUDGE
Before the Court is the parties' Joint Motion to Continue Trial in the Interests of Justice [Doc. 31]. [Doc. 31, ¶ 5]. On February 14, 2023, the Grand Jury returned an Indictment [Doc. 1] against Defendants Eva Rebecca Wells and Billy Lee Wells, Jr. [Doc. 1, p. 8]. According to the parties' joint motion, Eva Rebecca Wells is charged with one count of Conspiracy to Defraud a Financial Institution and 20 substantive counts of Bank Fraud, and Billy Lee Wells, Jr., is charged with one count of Conspiracy to Defraud a Financial Institution, 15 substantive counts of Bank Fraud, and four counts of Making and Subscribing a False Return. [Doc. 31, ¶ 1].
Both Defendant Eva Rebecca Wells and Billy Lee Wells, Jr., made their initial appearances on February 23, 2023, and both have entered a plea of “Not Guilty.” [Id.]; [Doc. 12]; [Doc. 17]; [Doc. 27]. [Doc. 23]. The Government has not yet provided discovery to counsel for Defendants; thus, there has been no time to review discovery. [Doc. 31, ¶ 4]. Since Defendants will not have had an adequate opportunity to review discovery, conduct any required investigation, prepare for trial, or negotiate a potential resolution of the case prior to the currently set Trial Term, the Court GRANTS the parties' Joint Motion to Continue Trial in the Interests of Justice [Doc. 31] because proceeding with the trial as scheduled would likely result on a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B); [Doc. 31, ¶ 6]. The ends of justice served by granting this continuance outweigh the best interests of the public and Defendants in a speedy trial and are in accordance with the considerations required under 18 U.S.C. § 3161(h)(7)(A) for excusable delay. This case is CONTINUED until the Court's next regularly scheduled Trial Term-June 19, 2023.
SO ORDERED, this 13th day of March, 2023.