UNITED STATES OF AMERICA v. SHIVERS

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
UNITED STATES OF AMERICA, 	:
:
v. 	: 	CASE NO.: 7:25-CR-21 (LAG)(ALS)
:
JAMES RICHARD SHIVERS, JR., 	:
:
Defendant. 	:
:
ORDER
Before the Court is Defendant James Richard Shivers, Jr.’s Unopposed Motion to
Continue Trial in the Interest of Justice (Motion). (Doc. 26). Therein, Defendant moves to
continue the pretrial conference and trial in this matter, currently set for December 10,
2025, and January 26, 2026, respectively. (Id. at 1; Doc. 25).
On August 12, 2025, Defendant James Richard Shivers, Jr. was charged with one
count of possession with intent to distribute methamphetamine, one count of possession of
firearm by a convicted felon, and one count of possession of firearm in furtherance of a
drug trafficking crime. (Doc. 1). Defendant made his initial appearance on September 4,
2025, pleaded not guilty, consented to pretrial detention, and was remanded to the custody
of the U.S Marshals Service. (Docs. 7, 10, 12, 14). On September 8, 2025, the Court granted
Defendant’s first Unopposed Motion to Continue. (Doc. 19, 24). The pretrial conference
and trial in this matter were rest to December 10, 2025, and January 26, 2026, respectively.
(Doc. 25; see Docket). Defendant filed the subject Motion on November 26, 2025. (Doc.
26). Therein, Defendant represents that further investigation to make an informed decision
is needed (Doc. 26 at 2). The Government does not oppose Defendant’s Motion. (Id.).
Upon due consideration, the Court finds that the “ends of justice served by the
granting of [a] continuance outweigh the best interests of the public and the defendant in a
speedy trial.” 18 U.S.C. § 3161(h)(7)(A). Specifically, the Court finds that failing to grant
a continuance would result in a miscarriage of justice and deny Defendant’s Counsel the
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reasonable time necessary for effective preparation. 18 U.S.C. § 3161(h)(7)(B)(i), (iv).
Accordingly, Defendant’s Motion (Doc. 26) is GRANTED, and the delay occasioned by
this continuance shall be deemed EXCLUDABLE pursuant to the provisions of the
Speedy Trial Act, 18 U.S.C. § 3161.
It is hereby ORDERED that the pretrial conference and trial in the above-captioned
matter shall be CONTINUED to a date to be determined later. The deadlines in the Court’s
September 30, 2025 Scheduling Order (Doc. 25) are hereby terminated, and a new
scheduling order will be forthcoming.
SO ORDERED, this 1st day of December, 2025.
/s/ Leslie A. Gardner
LESLIE A. GARDNER, CHIEF JUDGE
UNITED STATES DISTRICT COURT
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