Opinion
Case No. 1:06-CR-143.
August 3, 2006
ORDER
This matter is before the Court on Defendant Sherman William Payne, Jr.'s Motion For an Ends-of-Justice Continuance pursuant to the Speedy Trial Act of 1974. 18 U.S.C. § 3161(h)(8). Currently, a final pretrial conference is scheduled for August 14, 2006, and jury trial is set to commence on August 21, 2006.
In support of his request for an ends-of-justice continuance, Defendant's counsel advises that he is diligently preparing a motion to suppress evidence seized in this case which requires him to research underlying legal and factual issues; preparation of the suppression motion has consumed an inordinate amount of Defendant's counsel's time that otherwise would have been spent on trial preparation; plea discussions with the Government will be more worthwhile once Defendant's motion to suppress is decided; and forensic experts may be required to review certain evidence yet to be reviewed. The Government has not opposed the Motion.
Upon careful review, the Court finds that the ends-of-justice are best served by granting a continuance because the interests of the public and Defendant in seeing a speedy trial are outweighed by the equities set forth above. 18 U.S.C. § 3161(h)(8)(A). Specifically, the Court finds that otherwise denying Defendant's request would deprive his counsel of a reasonable opportunity to effectively prepare for trial. Id. § 3161(h)(8)(B)(iv). The Court believes that Defendant's counsel has diligently represented Defendant in this matter and, without an ends-of-justice continuance, events beyond his control would prevent effective trial preparation. Furthermore, the Court concurs with Defendant's belief that plea negotiations will assume a different character once his suppression motion is decided.
THEREFORE, IT IS HEREBY ORDERED that Defendant Sherman William Payne, Jr.'s Motion For an Ends-of-Justice Continuance (Dkt. No. 24) is GRANTED. IT IS FURTHER ORDERED that the pretrial conference currently scheduled for August 14, 2006 and the jury trial currently scheduled for August 21, 2006, are ADJOURNED and an amended scheduling order shall issue.