Opinion
INDICTMENT 3:21-CR-000039-19
12-28-2023
UNITED STATES OF AMERICA v. NATHANIEL WILKINS, Defendant.
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL AND MOTION TO FILE OUT OF TIME MOTION TO DISMISS INDICTMENT
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendant Nathaniel Wilkins Motion to Continue his trial set for January 25, 2024, as well as his motion to file an out-of-time motion to dismiss the Indictment based upon double jeopardy grounds. [Doc. 534]. The Government does not oppose either motion. For good cause shown, the Court GRANTS Defendant Wilkins' motions.
It is hereby ORDERED that Defendant be permitted to file an out-of-time motion to dismiss the Indictment based upon double jeopardy grounds. Defendant may refile his Motion to Dismiss the Indictment Based on Double Jeopardy Grounds attached as Exhibit A to Docket Entry No. 534. The Government is hereby ORDERED to respond to Defendant's Motion to Dismiss by March 4, 2024.
Finally, consistent with the Defendant's unopposed Motion to Continue his trial, the Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and Defendant in a speedy trial. Accordingly, the Court hereby GRANTS Defendant's unopposed Motion to Continue [Doc. 534] and CONTINUES this case to June 24, 2024, as to Defendant Nathaniel Wilkins. The delay occasioned by this continuance shall be deemed EXCLUDABLE. See 18 U.S.C. § 3161(h)(7)(B)(ii).
SO ORDERED.