United States v. Frazier United States v. Frazier (M.D. Ala., 2013)

Copy Citation

UNITED STATES OF AMERICA v. BRYANT FRAZIER

CRIMINAL ACTION NO. 2: 12cr37-MHT (WO)

DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DONE: July 25, 2013

        This cause is before the court on defendant Bryant Frazier's motion to continue made on July 24, 2013. The government does not oppose Frazier's request. For the reasons set forth below, the court finds that jury selection and trial, now set for August 5, 2013, should be continued pursuant to 18 U.S.C. § 3161(h)(7).

        While the granting of a continuance is left to the sound discretion of the trial judge, United States v. Stitzer 785 F.2d 1506 1516 (11th Cir. 1986), the court is limited by the requirements of the Speedy Trial Act, 18 U.S.C. § 3161. The Act provides in part:

Page 2

18 U.S.C. § 3161(c)(1). The Act excludes from the 70-day period any continuance based on "findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. " § 3161(h)(7)(A). In granting such a continuance, the court may consider, among other factors, whether the failure to grant the continuance would "result in a miscarriage of justice, " § 3161(h)(7)(B)(i), or "whether the case is so unusual or so complex . . . that it is unreasonable to expect adequate preparation" without granting a continuance. § 3161(h)(7)(B)(ii).

        The court concludes that, in this case, the ends of justice served by granting a continuance outweigh the interest of the public and Frazier in a speedy trial. Frazier, through counsel, has represented that he has

Page 3

applied for pretrial diversion and additional time is needed for the government and the United States Probation Office to review the request. A continuance should be granted to allow the pretrial diversion application process to proceed.

        Accordingly, it is ORDERED as follows:

        Myron H. Thompson        UNITED STATES DISTRICT JUDGE