Order — United States v. James Frank Austin, Jr. and Rosalend Way (M.D. Ga., Dkt. 37, December 16, 2024)

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An Order in United States of America v. James Frank Austin, Jr. and Rosalend Way, Case No. 5:24-CR-48 (MTT), Case 5:24-cr-00048-MTT-CHW, Document 37, filed 12/16/24, in the U.S. District Court for the Middle District of Georgia, Macon Division. It addresses the defendants' joint motion to continue (Doc. 36), which the court says seeks time for defense counsel to review discovery, conduct investigations and engage in plea negotiations. The court notes that one prior continuance has been granted (Doc. 34) and that the government does not oppose. It grants the motion and continues the case from the January term to the next trial term, presently scheduled for March 10, 2025. It is signed S/ Marc T. Treadwell.

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    Case 5:24-cr-00048-MTT-CHW         Document 37      Filed 12/16/24    Page 1 of 2



                     IN THE UNITED STATES DISTRICT COURT
                     FOR THE MIDDLE DISTRICT OF GEORGIA
                                MACON DIVISION

 UNITED STATES OF AMERICA,                    )
                                              )
        v.                                    )   CASE NO. 5:24-CR-48 (MTT)
                                              )
 JAMES FRANK AUSTIN, JR. and                  )
 ROSALEND WAY,                                )
                                              )
                       Defendants.            )
                                              )

                                         ORDER

      The defendants, by and through their counsel, have jointly moved to continue this

case until the next trial term. Doc. 36. The defendants were indicted on September 11,

2024. Doc. 1. Defendant Way had her arraignment in this Court on September 17,

2024. Doc. 13. Defendant Austin had his arraignment in this Court on September 20,

2024. Doc. 23. One prior continuance has been granted. Doc. 34. The defendants, by

and through their counsel, now move the Court to continue this case to the next trial

term to allow additional time for defense counsel to review discovery, conduct

investigations and engage in plea negotiations. Doc. 36 at 2. The government does not

oppose the motion. Id. at 1.

      Pursuant to 18 U.S.C. § 3161(h)(7)(A), the Court finds the ends of justice served

by granting this continuance outweigh the best interests of the public and the

defendants to a speedy trial. Accordingly, the motion (Doc. 36) is GRANTED. The

case is continued from the January term until the Court’s next trial term presently

scheduled for March 10, 2025. The corresponding delay shall be deemed excludable

pursuant to the provisions of the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq.
Case 5:24-cr-00048-MTT-CHW    Document 37   Filed 12/16/24   Page 2 of 2



  SO ORDERED, this 16th day of December, 2024.

                                     S/ Marc T. Treadwell
                                     MARC T. TREADWELL, JUDGE
                                     UNITED STATES DISTRICT COURT


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