Order

Record facts

U.S. District Court for the Southern District of West Virginia · No. 1:24-cr-00036 · Doc. 20 · 2024-04-01 · Docket on CourtListener

Summary

A memorandum opinion and order 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 April 1, 2024 as Document 20. The order addresses the defendant's unopposed motion to continue trial (ECF No. 18), which cited the need to review voluminous discovery. Finding that the ends of justice outweigh the interest in a speedy trial under 18 U.S.C. § 3161(h)(7)(A), the court grants the motion. It continues the pretrial motions deadline to June 28, 2024, the pretrial motions hearing to July 8, 2024, and trial to August 13, 2024, with jury instructions and proposed voir dire due August 6, 2024, and excludes the intervening time under the Speedy Trial Act. The two-page order is signed by Senior United States District Judge David A. Faber.

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 
AT BLUEFIELD 
 
 
UNITED STATES OF AMERICA  
  
v.   
  
  
  
            CRIMINAL NO. 1:24-00036 
  
 
ANNA MARIE OMAR 
 
 
MEMORANDUM OPINION AND ORDER 
 
Pending before the court is the motion of defendant for a 
continuance of trial and all case related action in this matter.  
(ECF No. 18.)  In support of defendant’s motion, counsel for 
defendant explains that significate time is needed to fully 
review the voluminous discovery in this matter, consult with the 
defendant, and conduct necessary investigation to determine what 
pretrial motions, if any, need to be filed.  The government does 
not oppose defendant’s motion. 
Because failure to grant the requested continuance would 
likely result in a miscarriage of justice, the court finds that 
the ends of justice outweigh the interest of the defendant and 
the public in a speedy trial, see 18 U.S.C. § 3161(h)(7)(A), and 
GRANTS defendant’s motion to continue.  In deciding to grant 
defendant’s motion, the court considered the factors outlined in 
18 U.S.C. § 3161(h)(7)(B) and finds that denying the motion 
“would deny counsel for the defendant . . . the reasonable time 
necessary for effective preparation, taking into account the 
Case 1:24-cr-00036     Document 20     Filed 04/01/24     Page 1 of 2 PageID #: 60

 
 
2 
exercise of due diligence.”  Id. § 3161(h)(7)(B)(iv). 
Accordingly, the court hereby ORDERS as follows: 
1. 
The deadline for the filing of pretrial motions is 
continued to June 28, 2024; 
2. 
The Pretrial Motions Hearing is continued to July 8, 
2024, at 1:30 p.m. in Bluefield; 
3. 
Jury Instructions and Proposed Voir Dire are due by 
August 6, 2024; 
4. 
Trial of this action is continued to August 13, 2024, 
at 9:30 a.m. in Bluefield; and 
5. 
Pursuant to 18 U.S.C. § 3161(h)(7)(A), the time from 
the filing of the motion until the trial is excludable 
for purposes of the Speedy Trial Act. 
 
The Clerk is directed to send a copy of this Memorandum 
Opinion and Order to all counsel of record, to the United States 
Marshal for the Southern District of West Virginia, and to the 
Probation Office of this court. 
IT IS SO ORDERED this 1st day of April, 2024. 
ENTER: 
 
 
 
David  A.  Faber
Senior United States District Judge
Case 1:24-cr-00036     Document 20     Filed 04/01/24     Page 2 of 2 PageID #: 61

File and source

File

gov.uscourts.wvsd.238610.20.0.pdf

Size

153,097 bytes

SHA-256

ed220d4f24a678797fa42b4c47925d2ba1ddbe0d144f058f54a593cca7de3d66

Our copy

gov.uscourts.wvsd.238610.20.0.pdf

Original

PACER (login required)