USA v. Patel
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. CHINTAMKUMAR PATEL, Defendants. ) ) ) ) ) Criminal No. 2016-24 ) ) ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Everard E. Potter, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare Jupiter, FPD Kia Danielle Sears, AFPD Office of the Federal Public Defender St. Thomas, U.S.V.I. For Tequan Anthony Joseph, ORDER GÓMEZ, J. Before the Court is the application of Chintamkumar Patel (“Patel”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including May 1, 2018. While the Speedy Trial Act requires that a defendant be tried within seventy days of indictment, the Court specifically Case: 3:16-cr-00024-CVG-RM Document #: 31 Filed: 12/16/16 Page 1 of 3 United States v. Patel Criminal No. 2016-24 Order finds that extending this period would be in the best interest of justice for several reasons. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. CHINTAMKUMAR PATEL, Defendants. ) ) ) ) ) Criminal No. 2016-24 ) ) ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Everard E. Potter, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare Jupiter, FPD Kia Danielle Sears, AFPD Office of the Federal Public Defender St. Thomas, U.S.V.I. For Tequan Anthony Joseph, ORDER GÓMEZ, J. Before the Court is the application of Chintamkumar Patel (“Patel”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including May 1, 2018. While the Speedy Trial Act requires that a defendant be tried within seventy days of indictment, the Court specifically Case: 3:16-cr-00024-CVG-RM Document #: 31 Filed: 12/16/16 Page 1 of 3 United States v. Patel Criminal No. 2016-24 Order finds that extending this period would be in the best interest of justice for several reasons. First, Patel and the United States have reached an agreement for Patel to participate in a pretrial diversion program. If Patel successfully completes the program, the United States has agreed to dismiss Patel’s case. An extension is necessary to allow Patel to complete the pretrial diversion program. Second, an extension is necessary to allow Patel time to explore other plea options and to adequately prepare for trial. Third, Patel made this request with the advice and consent of counsel. 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. Case: 3:16-cr-00024-CVG-RM Document #: 31 Filed: 12/16/16 Page 2 of 3 United States v. Patel Criminal No. 2016-24 Order 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 May 1, 2018 shall be excluded in computing the time within which a trial must be initiated pursuant to 18 U.S.C. § 3161. S\ Curtis V. Gómez District Judge Case: 3:16-cr-00024-CVG-RM Document #: 31 Filed: 12/16/16 Page 3 of 3