Opinion
2:21-mj-00950-DJA
11-22-2022
UNITED STATES OF AMERICA, Plaintiff, v. LEVIATHAN MICHAEL WOODLEY, Defendant.
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY NAVID AFSHAR ASSISTANT FEDERAL PUBLIC DEFENDER JASON M. FRIERSON UNITED STATES ATTORNEY BY CHRISTOPHER BURTON ASSISTANT UNITED STATES ATTORNEY
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY NAVID AFSHAR ASSISTANT FEDERAL PUBLIC DEFENDER
JASON M. FRIERSON UNITED STATES ATTORNEY BY CHRISTOPHER BURTON ASSISTANT UNITED STATES ATTORNEY
ORDER TO CONTINUE BENCH TRIAL (THIRD REQUEST)
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and Between Jason M. Frierson, United States Attorney, and Christopher Burton, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Navid Afshar, Assistant Federal Public Defender, counsel for Leviathan Michael Woodley, that the bench trial currently scheduled on November 23, 2022, be vacated and continued to a date and time convenient to the Court, but no sooner than thirty (30) days.
This Stipulation is entered into for the following reasons:
1. Counsel for the defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated and whether the case will ultimately go to trial or will be resolved through negotiations.
2. Counsel for Government is new to case.
3. The defendant is not incarcerated and does not object to the continuance.
3. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code § 3161(h)(7)(B)(iv).
This is the third request for a continuance of the bench trial.
RENE L. VALLADARES JASON M. FRIERSON
Federal Public Defender United States Attorney
By Navid Afshar By Christopher Burton
NAVID AFSHAR CHRISTOPHER BURTON
Assistant Federal Public Defender Assistant United States Attorney
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Counsel for the defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated and whether the case will ultimately go to trial or will be resolved through negotiations.
2. Counsel for Government is new to case.
3. The defendant is not incarcerated and does not object to the continuance.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code §§ 3161(h)(7)(B) and 3161(h)(7)(B)(iv).
This is the third request for a continuance of the bench trial.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
The continuance sought herein is excludable under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), when the considering the facts under Title 18, United States Code, § 316(h)(7)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that the bench trial currently scheduled on Wednesday, November 23, 2022, at 9:00 a.m., be vacated and continued to February 1, 2023, at 9:00 a.m., Courtroom 3A.