Court filing — No. 2:25-cr-00165 (Dkt. 26, S.D. W. Va.)
Full text
Case 2:25-cr-00165 Document 26 Filed 10/20/25 Page 1 of 2 PageID #: 120
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:25-00165
RODERICK TYRONE BOYD
MEMORANDUM OPINION AND ORDER
Pending before the court is the defendant’s motion to
continue in this matter. (ECF No. 24.) In support of
defendant’s motion, counsel explains that he needs additional
time to review additional discovery materials and to conduct
further investigation in order to decide, what, if any, pretrial
motions need to be filed. The government does not object to a
continuance.
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
exercise of due diligence.” Id. § 3161(h)(7)(B)(iv).
Case 2:25-cr-00165 Document 26 Filed 10/20/25 Page 2 of 2 PageID #: 121
Accordingly, the court hereby ORDERS as follows:
1. The deadline for the filing of pretrial motions is
continued to January 5, 2026;
2. The Pretrial Motions Hearing is continued to January
14, 2026, at 2:00 p.m. in Charleston;
3. Jury Instructions and Proposed Voir Dire are due by
January 27, 2026;
4. Trial of this action is continued to February 3, 2026,
at 9:30 a.m. in Charleston; 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 20th day of October, 2025.
ENTER:
David A. Faber
Senior
2