USA v. Griffin et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. MYTEAIRRA MIXON, Defendant. ) ) ) ) ) Criminal No. 2015-32 ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Delia L. Smith, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, David J. Cattie Ogletree, Deakins, Nash, Smoak & Stewart LLC St. Thomas, VI For defendant Myteairra Mixon. ORDER GÓMEZ, J. Before the Court is the application of Myteairra Mixon (“Mixon”) to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including January 31, 2017. While the Speedy Trial Act requires that a defendant 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 Case: 3:15-cr-00032-CVG-RM Document #: 457 Filed: 11/30/16 Page 1 of 3 United States v. Mixon Criminal No. 2015-32 Order necessary to allow Mixon an opportunity to adequately prepare for trial. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-3_15-cr-00032/pdf/USCOURTS-vid-3_15-cr-00032-3.pdf
SHA-256 55995a5b322ddcd57108ff47974eb56d4f0c944f292ba898ed189fa6f062959a
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-55995a5b322d
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. MYTEAIRRA MIXON, Defendant. ) ) ) ) ) Criminal No. 2015-32 ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Delia L. Smith, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, David J. Cattie Ogletree, Deakins, Nash, Smoak & Stewart LLC St. Thomas, VI For defendant Myteairra Mixon. ORDER GÓMEZ, J. Before the Court is the application of Myteairra Mixon (“Mixon”) to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including January 31, 2017. While the Speedy Trial Act requires that a defendant 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 Case: 3:15-cr-00032-CVG-RM Document #: 457 Filed: 11/30/16 Page 1 of 3 United States v. Mixon Criminal No. 2015-32 Order necessary to allow Mixon an opportunity to adequately prepare for trial. Second, the defendant made this request with the advice and consent of counsel. Third, without an extension, Mixon would be denied reasonable time necessary to discuss potential resolutions with the United States. 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)(citing 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 though a case is not complex")); see also United States v. Brooks, 697 F.2d 517, 522 (3d Cir. 1982), cert. denied, 460 U.S. 1071(1983)(no abuse of discretion where district court found that multiple count, multiple defendant "case was complex and required additional time for adequate preparation."); United States v. Lattany, 982 F.2d 866, 883 (3d Cir. 1992)("district court did not abuse its discretion [by delaying trial] to give counsel . . . opportunity to . . . decid[e] upon and prepar[e] an appropriate defense."). The premises considered; it is hereby Case: 3:15-cr-00032-CVG-RM Document #: 457 Filed: 11/30/16 Page 2 of 3 United States v. Mixon Criminal No. 2015-32 Order ORDERED that the time beginning from the date of this order granting an extension through January 31, 2017, 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: 3:15-cr-00032-CVG-RM Document #: 457 Filed: 11/30/16 Page 3 of 3