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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
Case No.
vs.
6:25-mj-1031-RMN
CAROLINA AMESTY
ORDER
is matter is before the Court without oral argument on a
Time-Sensitive Joint Motion for Extension of Time by which
Indictment/Information Must be Filed (Dkt. 21), filed April 15,
2025. e indictment deadline in this matter is Monday, April 21,
2025. Dkt. 12 at 2. e parties request a 60-day extension of the
deadline, from April 21 to and including June 20, because they are
“engaged in active discussions regarding the appropriate disposition
of this matter and believe that a continuance would serve the ends of
justice by providing the parties with reasonable time for such
discussions, for adequate preparation for pretrial proceedings, and
for effective preparation, taking into account the exercise of
diligence.” Dkt. 21 at 2. Defendant has filed a written waiver of her
right to the return of a speedy indictment or information for the
period ending on June 20. Dkt. 21-1.
e Speedy Trial Act provides, in part, that “[a]ny
information or indictment charging an individual with the
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commission of an offense shall be filed within thirty days from the
date on which such individual was arrested or served with a summons
in connection with such charges.” 18 U.S.C. § 3161(b). If the
indictment is filed after this time limit, the charges are to be
dismissed or dropped with or without prejudice, depending on the
circumstances. Id. § 3162(a)(1).
When calculating the thirty-day period provided by 18 U.S.C.
§ 3161(b), “certain events, as specified in 18 U.S.C. § 3161(h), ‘toll’
the speedy-indictment clock.” United States v. Williams, 314 F.3d
552, 556 (11th Cir. 2002). Such events include ends-of-justice
continuances—that is, “[a]ny period of delay resulting from a
continuance granted by any judge on his own motion or at the
request of the defendant or his counsel or at the request of the
attorney for the Government, if the judge granted such continuance
on the basis of his findings that the ends of justice served by taking
such action outweigh the best interest of the public and the
defendant in a speedy trial.” Id. (quoting then
section 3161(h)(8)(A)). e factors a court must consider in
determining whether to grant an ends-of-justice continuance are
found in 18 U.S.C. § 3161(h)(7)(B); see also United States v. Godoy,
821 F.2d 1498, 1500 (11th Cir. 1987). e court need not explicitly
enunciate its findings when it grants a continuance “so long as there
is sufficient evidence in the record indicating that it considered the
factors identified in the statute when it granted the continuance.”
United States v. Vasser, 916 F.2d 624, 627 (11th Cir. 1990).
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Based on the representations of the parties in the motion, as
well as Defendant’s written waiver of the speedy indictment deadline
(which was given voluntarily and with full knowledge of the
consequences of providing a waiver after consultation with counsel),
the Court finds that the ends of justice served by extending the
deadline outweigh the best interest of the public and the defendant
in a speedy indictment or trial.
Accordingly, it is ORDERED:
1. e Time-Sensitive Joint Motion for Extension of
Time by which Indictment/Information Must be Filed (Dkt. 21) is
GRANTED;
2. e 60-day period from April 21, 2025, to and
including June 20, 2025, is excludable under 18 U.S.C. § 3161(h)(7);
and
3. e United States shall obtain an Indictment or file an
Information in this matter on or before June 20, 2025.
DONE and ORDERED in Orlando, Florida, on April 17,
2025.
Copies to:
Counsel of Record
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