USA v. Freeman
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. SHANE FREEMAN, Defendant. ) ) ) ) ) Criminal No. 2018-56 ) ) ) ) ) ATTORNEYS: Gretchen Shappert Everard Potter United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare Jupiter Kia Sears Federal Public Defender St. Thomas, U.S.V.I. For Shane Freeman. ORDER GÓMEZ, J. Before the Court is the application of Shane Freeman (“Freeman”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including March 22, 2019. Case: 3:18-cr-00056-CVG-RM Document #: 28 Filed: 12/28/18 Page 1 of 3 United States v. Freeman Criminal No. 2018-56 Order While the Speedy Trial Act requires that defendants 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 necessary to allow Freeman time to investigate the charges against him and obtain an expert opinion. …
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_18-cr-00056/pdf/USCOURTS-vid-3_18-cr-00056-0.pdf
SHA-256 8c8df721a9c18cad35eb7eff043ab957617fb2db371c2bdb91cc8331389bb9e6
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-8c8df721a9c1
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. SHANE FREEMAN, Defendant. ) ) ) ) ) Criminal No. 2018-56 ) ) ) ) ) ATTORNEYS: Gretchen Shappert Everard Potter United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Omodare Jupiter Kia Sears Federal Public Defender St. Thomas, U.S.V.I. For Shane Freeman. ORDER GÓMEZ, J. Before the Court is the application of Shane Freeman (“Freeman”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including March 22, 2019. Case: 3:18-cr-00056-CVG-RM Document #: 28 Filed: 12/28/18 Page 1 of 3 United States v. Freeman Criminal No. 2018-56 Order While the Speedy Trial Act requires that defendants 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 necessary to allow Freeman time to investigate the charges against him and obtain an expert opinion. Second, Freeman made his request with the advice and consent of counsel. Third, without an extension, Freeman would be denied reasonable time necessary to explore plea options and prepare for trial. 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. 1982) (holding there was no abuse of discretion where district Case: 3:18-cr-00056-CVG-RM Document #: 28 Filed: 12/28/18 Page 2 of 3 United States v. Freeman Criminal No. 2018-56 Order 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 March 22, 2019, shall be excluded in computing the time within which the trial for Shane Freeman must be initiated pursuant to 18 U.S.C. § 3161. S\ Curtis V. Gómez District Judge Case: 3:18-cr-00056-CVG-RM Document #: 28 Filed: 12/28/18 Page 3 of 3