Case No. 2:03-cr-142-MEF (WO).United States District Court, M.D. Alabama, Northern Division.
November 15, 2006
ORDER
MARK FULLER, District Judge
On November 6, 2006, the defendant filed an Unopposed Motion for Continuance (Doc. #75). While the granting of a continuance is left to the sound discretion of the trial judge, United States v. Warren, 772 F.2d 827, 837 (11th Cir. 1985), the court is, of course, limited by the requirements of the Speedy Trial Act, 18 U.S.C. § 3161. The Speedy Trial Act provides generally that the trial of a defendant in a criminal case shall commence within 70 days of the latter of the filing date of the indictment or the date the defendant appeared before a judicial officer in such matter. 18 U.S.C. § 3161(c)(1). See United States v. Vasser, 916 F.2d 624 (11th Cir. 1990).
The Act excludes from this 70 day period any continuance that the judge grants “on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.”18 U.S.C. § 3161(h)(8)(A).
The motion states that defendant filed a petition for rehearing before the United States Supreme Court on September 27, 2006. The issue before the Supreme Court is dispositive of all issues in this case. The government does not opposed a continuance. Consequently, the court concludes that a continuance of this case is warranted and that the ends of justice
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served by continuing this case outweighs the best interest of the public and the defendant in a speedy trial. See United States v. Davenport, 935 F.2d 1223, 1235 (11th Cir. 1991) (reasonable time necessary for effective preparation is a significant factor for granting a continuance under the Speedy Trial Act).
Accordingly, it is hereby ORDERED:
1. That the defendant’s motion filed on November 6, 2006 is GRANTED;
2. That the trial of this defendant is continued from the November 27, 2006 trial term to the March 12, 2007 trial term.
3. That the Magistrate Judge conduct a pretrial conference prior to the March 12, 2007 trial term.
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