Opinion
CRIMINAL ACTION 3:23-cr-00021-TES-CHW
11-20-2023
UNITED STATES OF AMERICA, v. MARK WHEELER, Defendant.
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO CONTINUE TRIAL IN THE INTERESTS OF JUSTICE
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Mark Wheeler's Unopposed Motion to Continue Trial [Doc. 44]. On October 2, 2023, a Complaint was filed against Defendant. [Doc. 1]. On October 5, 2023, the magistrate judge held a preliminary hearing and detention hearing, in which the judge ordered that the Defendant remain in custody until further proceedings. See [Doc. 39]; [Doc. 16]; [Doc. 17]. On October 24, 2023, Defendant was indicted for Interference with Housing in violation of 42 U.S.C. § 3631(a) and Possession of a Firearm in violation of 18 U.S.C. § 924(c)(1)(A). [Doc. 21]. Subsequently, following the indictment and a not-guilty plea [Doc. 30], the Defendant filed a sealed Request for Reconsideration of Detention [Doc. 27], which Judge Weigle granted, and the Defendant was released from custody [Doc. 31]. On November 8, 2023, the Court held a hearing reconsidering the magistrate judge's release order and denied the Government's Motion for Review of Release [Doc. 38]. See [Doc. 41].
Defendant now seeks to continue trial because counsel retained the expert services of Dr. Deepti Bhasin, who conducted a Mental Health Evaluation of Defendant Wheeler and determined that he is not currently competent to stand trial. [Doc. 44, pp. 1-2]. Dr. Bhasin would like to reevaluate Defendant in 30 days to determine his restorability to competency. [Id. at p. 2]. The Government is unopposed to the motion. [Id.] So as to avoid a miscarriage of justice, the Court GRANTS Defendant's Motion for Continuance [Doc. 44], and this case and its pretrial conference are CONTINUED to the Court's next trial term-beginning February 26, 2024. See 18 U.S.C. § 3161(h)(7)(B)(iv).
The ends of justice served by this continuance outweigh the best interests of the public and Defendant in a speedy trial and are in accordance with the considerations required under 18 U.S.C. § 3161(h)(7)(A) for excusable delay.
SO ORDERED.