Motion to continue trial

Record facts

U.S. District Court for the Southern District of West Virginia · No. 1:24-cr-00036 · Doc. 18 · 2024-03-29 · Docket on CourtListener

Summary

A defense motion to continue trial and all case related action, filed March 29, 2024 as Doc. 18 in United States v. Anna Marie Omar, No. 1:24-cr-00036, in the U.S. District Court for the Southern District of West Virginia. Filed by Assistant Federal Public Defender Clint Carte, it asks for a continuance of ninety days and a finding of excludable time under the Speedy Trial Act. The motion states that trial is set for May 7, 2024 before Senior United States District Court Judge David A. Faber and that the pretrial motions hearing is set for April 8, 2024. It says the government's discovery is voluminous and needs review with the defendant, and that the government does not oppose a continuance. The motion is three pages.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
BLUEFIELD DIVISION 
 
 
UNITED STATES OF AMERICA 
 
v. 
Criminal No. 1:24-00036 
 
ANNA MARIE OMAR 
 
 
MOTION TO CONTINUE TRIAL AND ALL CASE RELATED ACTION 
 
Now comes the defendant, Anna Marie Omar, by Assistant Federal Public 
Defender Clint Carte, and moves this Honorable Court for an order continuing the 
trial and all case related action in this matter for a period of ninety days, and for a 
finding of excludable time under the Speedy Trial Act as found in Title 18, United 
States Code, Sections 3161, et seq., for the following reasons: 
1.  Per the Arraignment Order entered on March 7, 2024, the trial in the 
above-styled matter is scheduled for May 7, 2024, at 9:30 a.m. before Senior United 
States District Court Judge David A. Faber in Bluefield.  Pretrial motions are due 
to be filed on March 29, 2024, and the pretrial motions hearing is presently scheduled 
for April 8, 2024, at 2:30 p.m. Dkt. No. 11.  
2.  The government’s standard discovery responses were received on March 
21, 2022, and are voluminous.  Significant time is needed to fully review this 
material, consult with Ms. Omar regarding the same, and conduct necessary 
investigation to determine what pretrial motions, if any, need to be filed on her behalf. 
Case 1:24-cr-00036     Document 18     Filed 03/29/24     Page 1 of 3 PageID #: 55

 
2 
 
3.  A continuance of the trial date and case related deadlines for a period of 
ninety days should provide counsel with sufficient time to complete these necessary 
tasks. 
4.  To further substantiate the need for this continuance, Ms. Omar is 
currently on bond out of state.  Substantial time will be needed to review this 
material with Ms. Omar and the same will require multiple consultations.  
5.  Undersigned counsel is authorized to state that the government does not 
oppose a continuance in this matter. 
6.  The ends of justice outweigh the best interests of the public and the 
defendant in a speedy trial as the same is specifically defined in the aforesaid Act. 
The defendant certifies that the reasons for the request do not include general 
congestion of the Court’s calendar, or lack of diligent preparation on the part of the 
parties involved. 
WHEREFORE, defendant respectfully requests that this Honorable Court 
enter an Order continuing the trial and all case related action in this matter for a 
period of ninety days. 
Date: March 29, 2024.  
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
ANNA MARIE OMAR 
 
By Counsel 
 
 
 
 
 
 
Case 1:24-cr-00036     Document 18     Filed 03/29/24     Page 2 of 3 PageID #: 56

 
3 
 
WESLEY P. PAGE 
FEDERAL PUBLIC DEFENDER 
 
s/Clint Carte                       
 
Clint Carte, Bar Number: 12054 
Assistant Federal Public Defender 
Office of the Federal Public Defender 
300 Virginia Street, East, Room 3400 
Charleston, West Virginia 25301 
Telephone: (304) 347-3350 
Facsimile: (304) 347-3356 
E-mail: Clint_Carte@fd.org 
 
Case 1:24-cr-00036     Document 18     Filed 03/29/24     Page 3 of 3 PageID #: 57

File and source

File

gov.uscourts.wvsd.238610.18.0.pdf

Size

76,697 bytes

SHA-256

9a2c9c7ca452043eff5409a44125a0e9267e0d9528b3ea2483b46d4a2bec4a2a

Our copy

gov.uscourts.wvsd.238610.18.0.pdf

Original

PACER (login required)