USA v. Nguyen et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. NGOC YEN NGUYEN Defendant. ) ) ) ) ) Criminal No. 2018-42 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Meredith Jean Edwards, 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 Ngoc Yen Nguyen. ORDER GÓMEZ, J. Before the Court is the application of Ngoc Yen Nguyen (“Nguyen”) to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including March 22, 2019. 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 Case: 3:18-cr-00042-RAM-RM Document #: 83 Filed: 01/10/19 Page 1 of 3 United States v. Nguyen et al. Criminal No. 2018-42 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. NGOC YEN NGUYEN Defendant. ) ) ) ) ) Criminal No. 2018-42 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Meredith Jean Edwards, 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 Ngoc Yen Nguyen. ORDER GÓMEZ, J. Before the Court is the application of Ngoc Yen Nguyen (“Nguyen”) to waive her speedy trial. For the reasons stated herein, the time to try this case is extended up to and including March 22, 2019. 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 Case: 3:18-cr-00042-RAM-RM Document #: 83 Filed: 01/10/19 Page 1 of 3 United States v. Nguyen et al. Criminal No. 2018-42 Order of justice for several reasons. First, an extension is necessary to allow Nguyen time to investigate the charges against her. Second, Nguyen made her request with the advice and consent of counsel. Third, without an extension, Nguyen would be denied reasonable time necessary to review discovery 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. Nguyen, 697 F.2d 517, 522 (3d Cir. 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.”). Case: 3:18-cr-00042-RAM-RM Document #: 83 Filed: 01/10/19 Page 2 of 3 United States v. Nguyen et al. Criminal No. 2018-42 Order 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 Nguyen must be initiated pursuant to 18 U.S.C. § 3161. S\ Curtis V. Gómez District Judge Case: 3:18-cr-00042-RAM-RM Document #: 83 Filed: 01/10/19 Page 3 of 3