USA v. Morton et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. DELLANA MAGNER, Defendant. ) ) ) ) ) Criminal No. 2016-39 ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Delia L. Smith, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, Alvin E. Entin Richard Della Fera Entin & Della Fera, P.A. Fort Lauderdale, FL Jeffrey B. Moorehead St. Croix, VI For defendant Dellana Magner. ORDER GÓMEZ, J. Before the Court is the application of Dellana Magner (“Magner”) to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including April 30, 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 Case: 3:16-cr-00039-CVG-RM Document #: 183 Filed: 01/13/17 Page 1 of 3 United States v. Magner Criminal No. 2016-39 Order 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. DELLANA MAGNER, Defendant. ) ) ) ) ) Criminal No. 2016-39 ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Delia L. Smith, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, Alvin E. Entin Richard Della Fera Entin & Della Fera, P.A. Fort Lauderdale, FL Jeffrey B. Moorehead St. Croix, VI For defendant Dellana Magner. ORDER GÓMEZ, J. Before the Court is the application of Dellana Magner (“Magner”) to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including April 30, 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 Case: 3:16-cr-00039-CVG-RM Document #: 183 Filed: 01/13/17 Page 1 of 3 United States v. Magner Criminal No. 2016-39 Order of justice for several reasons. First, without an extension, Magner would be denied reasonable time necessary to explore plea options with her attorney. Second, the defendant 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)(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 ORDERED that the time beginning from the date of this order granting an extension through April 30, 2017, shall be excluded Case: 3:16-cr-00039-CVG-RM Document #: 183 Filed: 01/13/17 Page 2 of 3 United States v. Magner Criminal No. 2016-39 Order 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-00039-CVG-RM Document #: 183 Filed: 01/13/17 Page 3 of 3