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Memorandum Opinion and Order — United States v. Detuyla Sterling Williams (Document 18)

Summary

A Memorandum Opinion and Order in United States v. Detuyla Sterling Williams, Criminal Case No. 2:23-cr-234-ECM, Document 18, filed September 13, 2023, in the United States District Court for the Middle District of Alabama, Northern Division. It addresses the defendant's unopposed second motion to continue trial (doc. 17), filed September 12, 2023, with jury selection and trial then set for the term commencing October 16, 2023. The court cites the Speedy Trial Act and states that defense counsel needs additional time to investigate and that the parties have begun plea negotiations. It orders the motion GRANTED and continues jury selection and trial to the criminal term set to commence on February 5, 2024, in Montgomery, Alabama.

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“Memorandum Opinion and Order — United States v. Detuyla Sterling Williams (Document 18).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cr-00234-dkt-18-ad2dc24450/, SHA-256 733d36e9aa3642fd692309cb76a44cafb7184b91b6d177cf7d0fd4d234ac97d2.

Full text

      Case 2:23-cr-00234-ECM-SMD Document 18 Filed 09/13/23 Page 1 of 2




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

UNITED STATES OF AMERICA                          )
                                                  )
v.                                                ) CRIM. CASE NO. 2:23-cr-234-ECM
                                                  )                [WO]
DETUYLA STERLING WILLIAMS                         )

                       MEMORANDUM OPINION and ORDER

       Now pending before the court is Defendant Detuyla Sterling Williams’ unopposed

second motion to continue trial (doc. 17) filed on September 12, 2023. Jury selection and

trial are presently set on the term of court commencing on October 16, 2023. For the

reasons set forth below, the Court will grant a continuance of the trial pursuant to 18 U.S.C.

§ 3161(h)(7).

       While the trial judge enjoys great discretion when determining whether to grant a

continuance, the Court is limited by the requirements of the Speedy Trial Act. 18 U.S.C.

§ 3161; United States v. Stitzer, 785 F.2d 1506, 1516 (11th Cir. 1986). The Act provides

in part:

       In any case in which a plea of not guilty is entered, the trial of a defendant
       charged in an information or indictment with the commission of an offense
       shall commence within seventy days from the filing date (and making public)
       of the information or indictment, or from the date the defendant has appeared
       before a judicial officer of the court in which such charge is pending,
       whichever date last occurs.

18 U.S.C. § 3161(c)(1).

       The Act excludes, however, certain delays from the seventy-day period, including

delays based on “findings that the ends of justice served by taking such action outweigh
      Case 2:23-cr-00234-ECM-SMD Document 18 Filed 09/13/23 Page 2 of 2




the best interest of the public and the defendant in a speedy trial.” Id. § 3161(h)(7)(A). In

determining whether to grant a continuance under § 3161(h)(7), the Court “shall consider,”

among other factors, whether denial of a continuance would likely “result in a miscarriage

of justice,” or “would deny counsel for the defendant . . . the reasonable time necessary for

effective preparation, taking into account the exercise of due diligence.” Id.

§ 3161(h)(7)(B)(i), (iv).

       Defense counsel represents to the Court that she needs additional time to investigate,

including interviewing witnesses and requesting records. Additionally, counsel represents

that the parties have begun plea negotiations but need additional time to continue those

negotiations.    The United States does not oppose a continuance.             After careful

consideration, the Court finds that the ends of justice served by granting a continuance of

this trial outweigh the best interest of the public and the Defendant in a speedy trial.

Accordingly, for good cause, it is

       ORDERED that the motion to continue (doc. 17) is GRANTED, and jury selection

and trial are CONTINUED from October 16, 2023, to the criminal term of court set to

commence on February 5, 2024, at 10:00 a.m. in Montgomery, Alabama. All deadlines

tied to the trial date are adjusted accordingly.

       The United States Magistrate Judge shall conduct a pretrial conference prior to the

February 2024 trial term.

       Done this 13th day of September, 2023.

                                            /s/ Emily C. Marks
                                     EMILY C. MARKS
                                     CHIEF UNITED STATES DISTRICT JUDGE
                                               2

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