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United States of America v. Terrell M. Akins

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 12, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TERRELL M. AKINS, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

This matter comes before the Court on defendant's second motion to continue trial (Doc. 14), currently set for April 25, 2011. Defendant's counsel maintains that he needs additional time to prepare because he has a separate jury trial in a capital case beginning April 11. He expects that case will last through late May. He also states that the Government does not object to this continuance request. There are no other co-defendants in this case. The Court being fully advised in the premises finds that defendant's counsel needs additional time.

The Court finds that refusing to grant a continuance in this matter would "deny counsel for the defendant . . . the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." See 18 U.S.C. § 3161(h)(7)(B)(iv). Therefore, pursuant to § 3161(h)(7)(A), the ends of justice served by the granting of such continuance outweigh the best interests of the public and defendant in a speedy trial. This defendant deserves counsel's full focus and adequate preparation time as does the capital defendant.

Accordingly, the Court GRANTS defendant's second motion to continue trial (Doc. 14). The Court hereby CONTINUES the jury trial scheduled for April 25, 2011, to Monday, July 11, 2011, at 9:00 a.m. The time from the date this motion was filed, April 6, 2011, until the date the trial is rescheduled, July 11, 2011, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2011.04.12 13:05:25 -05'00'

20110412

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