Order as to Malik Breckenridge — United States v. Breckenridge (Dkt. 20, S.D. W. Va.)

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U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 20 · 2022-05-16 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
 
 
CHARLESTON DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
 
 
 
 
 
CRIMINAL ACTION NO. 2:22-cr-00084 
 
MALIK BRECKENRIDGE, 
 
Defendant. 
 
 
 
ORDER 
 
 
The Court has reviewed the Motion to Continue Trial and Case Related Action (Document 
19) filed in the above-styled matter.  Therein, the Defendant moves for a sixty-day continuance 
of the trial and related deadlines on the grounds, inter alia, that additional time is needed for receipt 
and review of discovery, for attorney-client consultation, for further research and investigation, 
and for filing pretrial motions in advance of trial.  The requested delay is not attributable to lack 
of diligent preparation or failure to obtain evidence or witnesses on the part of the Government, or 
to congestion of the Court’s calendar. 
WHEREFORE, finding that the interest of the public and the Defendant in a speedy trial 
is outweighed by the ends of justice served by granting a continuance, the Court, for good cause 
shown as set forth in the Defendant’s motion, and without objection from the Government, does 
hereby ORDER that the motion (Document 19) be GRANTED.  The trial, previously scheduled 
for June 6, 2022, is CONTINUED to August 8, 2022, at 9:00 a.m., in Charleston, West Virginia.  
Case 2:22-cr-00084     Document 20     Filed 05/16/22     Page 1 of 2 PageID #: 54

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Counsel should be prepared to select a jury on the preceding Friday if so ordered by the Court.  
The Court ORDERS the deadline for filing superseding indictments, if any, shall be thirty days 
prior to the trial date and that the parties submit their respective witness lists and any proposed 
voir dire and jury instructions (which shall be numbered) no later than July 25, 2022. 
The Court further ORDERS that a pretrial motions hearing be SCHEDULED for July 21, 
2022, at 11:00 a.m., in Charleston, West Virginia, before the Honorable Omar J. Aboulhosn, and 
that any motions to be addressed at the pretrial motions hearing, as well as any motions in limine, 
shall be filed no later than July 14, 2022.  
Lastly, the Court ORDERS that the parties notify the Court of any proposed plea 
agreement in sufficient time such that a plea hearing may be scheduled by the Court no later than 
a week before trial.  Furthermore, the parties are put on notice that, should a scheduled plea 
hearing not be completed, the Court will not consider the same to be good cause to support a 
continuance of the trial. 
The Court FINDS that the time between June 6, 2022, and August 8, 2022, is excludable 
from the computation of time within which trial must commence, pursuant to 18 U.S.C. § 
3161(h)(7). 
The Court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge 
Aboulhosn, to the Defendant and counsel, to the United States Attorney, to the United States 
Probation Office, and to the Office of the United States Marshal. 
ENTER: 
May 16, 2022 
 
 
 
Case 2:22-cr-00084     Document 20     Filed 05/16/22     Page 2 of 2 PageID #: 55

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