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U.S. v. Brooks, 2018-42. (2019)

Court: District Court, D. Virgin Islands Number: infdco20190111f94 Visitors: 24
Filed: Jan. 10, 2019
Latest Update: Jan. 10, 2019
Summary: ORDER CURTIS V. G MEZ , District Judge . Before the Court is the application of Fendi Brooks ("Brooks") to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including March 1, 2019. While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to allow Br
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ORDER

Before the Court is the application of Fendi Brooks ("Brooks") to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including March 1, 2019.

While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to allow Brooks time to investigate the charges against her. Second, Brooks made her request with the advice and consent of counsel. Third, without an extension, Brooks would be denied reasonable time necessary to prepare for trial.

Consistent with these concerns, the United States Court of Appeals for the Third Circuit has recognized that "whether or not a case is `unusual' or `complex,' an `ends of justice' continuance may in appropriate circumstances be granted." United States v. Fields, 39 F.3d 439, 444 (3d Cir. 1994); United States v. Dota, 33 F.3d 1179(9th Cir. 1994) ("An ends of justice continuance may be justified on grounds that one side needs more time to prepare for trial [even if the] case [i]s not `complex.'"); see also United States v. Lattany, 982 F.2d 866, 883 (3d Cir. 1992) ("[T]he district court did not abuse its discretion when it delayed the trial to give counsel . . . opportunity to . . . decid[e] upon and prepar[e] an appropriate defense."); United States v. Brooks, 697 F.2d 517, 522 (3d Cir. 1982) (holding there was no abuse of discretion where district court found that multiple count, multiple defendant "case was complex and required additional time for adequate preparation.").

The premises considered; it is hereby

ORDERED that the time beginning from the date of this order granting an extension through March 1, 2019, shall be excluded in computing the time within which the trial for Brooks must be initiated pursuant to 18 U.S.C. § 3161.

Source:  Leagle

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