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U.S. v. POORE, 5:15-cr-80-KKC. (2015)

Court: District Court, E.D. Kentucky Number: infdco20151130d37 Visitors: 10
Filed: Nov. 25, 2015
Latest Update: Nov. 25, 2015
Summary: MEMORANDUM OPINION AND ORDER KAREN K. CALDWELL , District Judge . This matter is before the Court on Defendants Thomas Mason and Samuel Poore's motions to continue their trials now scheduled for December 7, 2015. (DE 22-23). As grounds for their motions, Defendants state that a continuance: (1) would improve the chances of reaching plea agreements, (2) would give the Defendants time to review discovery 1 , (3) and are agreed to by the Assistant United States Attorney (AUSA). The Court finds
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MEMORANDUM OPINION AND ORDER

This matter is before the Court on Defendants Thomas Mason and Samuel Poore's motions to continue their trials now scheduled for December 7, 2015. (DE 22-23). As grounds for their motions, Defendants state that a continuance: (1) would improve the chances of reaching plea agreements, (2) would give the Defendants time to review discovery1, (3) and are agreed to by the Assistant United States Attorney (AUSA). The Court finds that the offered grounds are insufficient to establish that the ends of justice would be served by granting the continuance. 18 U.S.C. § 3161(h)(7)(A). Failure to grant a continuance can work a miscarriage of justice if it forces a Defendant to forgo plea negotiations, and eliminates the possibility of receiving a reduced charge. 18 U.S.C. § 3161(h)(7)(B)(i). However, simply invoking the desire to continue plea negotiations is insufficient to warrant a continuance under the Speedy Trial Act. The basis of the motion must demonstrate that the ends of justice would actually be served by granting the continuance, i.e., the plea negotiations will be more likely to result in an actual plea because the parties had more time.

Defendants claim they need for time to review discovery, but they haven't claimed that discovery was not timely provided or that it wasn't sufficient. Defendants were indicted in early September and are each charged with a single count of possessing a firearm as convicted felons. (DE 1.) Given the uncomplicated nature of this matter, this Court cannot find a basis on which to continue the trial.

In short, there are no stated grounds from which this Court could find that a continuance would actually serve the ends of justice. Accordingly, IT IS ORDERED as follows:

1. Defendants' motions to continue (DE 22-23) are DENIED; 2. The Defendants' deadlines to file motions for re-arraignment are SET ASIDE.

FootNotes


1. This ground is only offered by Defendant Mason, however, because neither party has provided adequate grounds for their respective motions separate analysis is unnecessary.
Source:  Leagle

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