USA v. Olive II et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. THOMAS OLIVE II, Defendant. ) ) ) ) ) Criminal No. 2019-19 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Everard E. Potter, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Michael Sheesley St. Thomas, VI For Thomas Olive II. ORDER GÓMEZ, J. Before the Court is the application of Thomas Olive II (“Olive”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including August 30, 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: 3:19-cr-00019-RAM-RM Document #: 42 Filed: 05/24/19 Page 1 of 3 United States v. Olive et al. Criminal No. 2019-19 Order of justice for several reasons. First, an extension is necessary to allow Olive time to review the facts and evidence in this matter. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. THOMAS OLIVE II, Defendant. ) ) ) ) ) Criminal No. 2019-19 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Everard E. Potter, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Michael Sheesley St. Thomas, VI For Thomas Olive II. ORDER GÓMEZ, J. Before the Court is the application of Thomas Olive II (“Olive”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including August 30, 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: 3:19-cr-00019-RAM-RM Document #: 42 Filed: 05/24/19 Page 1 of 3 United States v. Olive et al. Criminal No. 2019-19 Order of justice for several reasons. First, an extension is necessary to allow Olive time to review the facts and evidence in this matter. Second, Olive made his request with the advice and consent of counsel. Third, without an extension, Olive would be denied reasonable time necessary to explore settlement 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 court found that multiple count, multiple defendant “case was complex and required additional time for adequate preparation.”). Case: 3:19-cr-00019-RAM-RM Document #: 42 Filed: 05/24/19 Page 2 of 3 United States v. Olive et al. Criminal No. 2019-19 Order The premises considered; it is hereby ORDERED that the time beginning from the date of this order granting an extension through August 30, 2019, shall be excluded in computing the time within which the trial for Olive must be initiated pursuant to 18 U.S.C. § 3161. S\ Curtis V. Gómez District Judge Case: 3:19-cr-00019-RAM-RM Document #: 42 Filed: 05/24/19 Page 3 of 3