USA v. Morton et al

DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
UNITED STATES OF AMERICA,
Plaintiff,
v.
DRUE WILLIAMS, III,
Defendant.
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) Criminal No. 2016-39
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ATTORNEYS:
Ronald Sharpe, United States Attorney
Delia L. Smith, AUSA
United States Attorney’s Office
St. Thomas, VI
For the United States of America,
Darren John-Baptiste
St. Thomas, VI
For defendant Drue Williams, III.
ORDER
GÓMEZ, J.
Before the Court is the application of Drue Williams, III
(“Williams”) to waive his speedy trial. For the reasons stated
herein, the time to try this case is extended up to and
including February 14, 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
of justice for several reasons. First, an extension is
necessary to allow Williams additional time to confer with his
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United States v. Williams
Criminal No. 2016-39
Order
Page 2
attorney given his attorney is located on St. Thomas and
Williams is located in Pittsburgh, Pennsylvania. Second, the
defendant made this request with the advice and consent of
counsel. Third, without an extension, the parties 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)(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
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United States v. Williams
Criminal No. 2016-39
Order
Page 3
ORDERED that the time beginning from the date of this order
granting an extension through February 14, 2017, shall be
excluded 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 #: 149 Filed: 12/15/16 Page 3 of 3