Opinion
CRIMINAL ACTION 3:23-cr-00021-TES-CHW
01-16-2024
UNITED STATES OF AMERICA, v. MARK WHEELER, Defendant.
ORDER GRANTING DEFENDANT'S SECOND 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 Second Unopposed Motion to Continue Trial [Doc. 47]. On November 20, 2023, the Court granted Defendant's First Motion to Continue Trial [Doc. 44] because counsel was awaiting Dr. Deepti Bhasin to reevaluate Defendant Wheeler's restorability to mental competency 30 days after finding that he was not competent to stand trial. [Doc. 45, p. 2].
Defendant now seeks a second continuance because although Dr. Bhasin has conducted the reevaluation, counsel has yet to receive the report. [Doc. 47, p. 2]. Additionally, the Probation Office conducted a competency review as part of Defendant's bond conditions, and counsel likewise has not yet received that report. [Id.]. The Government is unopposed to the motion. [Id.] So as to avoid a miscarriage of justice, the Court GRANTS Defendant's Second Motion to Continue [Doc. 47], and this case and its pretrial conference are CONTINUED to the Court's April trial term- beginning April 22, 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,