Opinion
Criminal No. 2019-34
09-12-2019
UNITED STATES OF AMERICA, Plaintiff, v. REINALDO CRUZ TAURA, Defendant.
ATTORNEYS: Gretchen Shappert, United States Attorney Nathan Brooks, AUSA United States Attorney's Office St. Thomas, U.S.V.I. For the United States of America, David B. Rothman Rothman & Associates, P.A. Miami, FL Treston E Moore Moore, Dodson and Russell St. Thomas, U.S.V.I. For Reinaldo Cruz Taura.
ATTORNEYS: Gretchen Shappert, United States Attorney
Nathan Brooks, AUSA
United States Attorney's Office
St. Thomas, U.S.V.I.
For the United States of America, David B. Rothman
Rothman & Associates, P.A.
Miami, FL
Treston E Moore
Moore, Dodson and Russell
St. Thomas, U.S.V.I.
For Reinaldo Cruz Taura. ORDER GÓMEZ, J.
Before the Court is the application of Reinaldo Cruz Taura ("Taura") to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including October 31, 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 of justice for several reasons. First, an extension is necessary to allow Taura to have his chosen counsel available and prepared for all hearings. Second, Taura made his 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); 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.").
The premises considered; it is hereby
ORDERED that the time beginning from the date of this order granting an extension through October 31, 2019, shall be excluded in computing the time within which the trial for Taura must be initiated pursuant to 18 U.S.C. § 3161.
S\_________
Curtis V. Gómez
District Judge