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.
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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,
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
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United States v. Magner
Criminal No. 2016-39
Order
Page 2
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
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United States v. Magner
Criminal No. 2016-39
Order
Page 3
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