Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: ORDER DAVID A. FABER, District Judge. Pending before the court is defendant Renteria-Gonzalez' motions to continue her arraignment and trial and to extend the time to file pretrial motions. (Doc. No. 379). Counsel for defendant requests additional time because he was only recently appointed as counsel for defendant and he has not yet received discovery in this matter. The United States has no objection to the requested continuance. Because failure to grant the requested continuance would like
Summary: ORDER DAVID A. FABER, District Judge. Pending before the court is defendant Renteria-Gonzalez' motions to continue her arraignment and trial and to extend the time to file pretrial motions. (Doc. No. 379). Counsel for defendant requests additional time because he was only recently appointed as counsel for defendant and he has not yet received discovery in this matter. The United States has no objection to the requested continuance. Because failure to grant the requested continuance would likel..
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ORDER
DAVID A. FABER, District Judge.
Pending before the court is defendant Renteria-Gonzalez' motions to continue her arraignment and trial and to extend the time to file pretrial motions. (Doc. No. 379). Counsel for defendant requests additional time because he was only recently appointed as counsel for defendant and he has not yet received discovery in this matter. The United States has no objection to the requested continuance.
Because failure to grant the requested continuance would likely result in a miscarriage of justice, the court finds that the ends of justice outweigh the best interest of the defendants and the public in a speedy trial, see 18 U.S.C. § 3161(h)(7)(A), and GRANTS defendant's motion to continue. In deciding to grant defendant's motion, the court considered the factors outlined in 18 U.S.C. §3161(h)(7)(B) and found that failure to grant the continuance, would unreasonably deny defendant the reasonable time necessary to effectively prepare for trial, taking into account the exercise of due diligence.
Accordingly, the court hereby ORDERS as follows:
1. Trial of this action is continued until July 21, 2014, at 9:30 a.m., in Raleigh.
2. Counsel should comply with all other deadlines contained in the local rules of this court, including but not limited to, the filing of jury instructions and voir dire.
3. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the time from the filing of the motion to continue until the trial is excludable for purposes of the Speedy Trial Act.
4. Pretrial motions are due by June 10, 2014. Responses to pretrial motions must be filed no later than June 17, 2014.
5. A pretrial motions hearing is hereby scheduled for June 19, 2014, at 10:00 a.m., in Raleigh.
6. Defendant's arraignment is hereby scheduled for May 28, 2014, at 10:00 a.m., in Greenville, before Magistrate Judge Swank. The Clerk is directed to send a copy of this Order to counsel of record, to the United States Marshal for the Eastern District of North Carolina, and to the Probation Office of this court.
IT IS SO ORDERED.
