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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
Joint Motion for Extension of Time by which
Indictment/Information Must be Filed (Dkt. 23), filed June 15,
2025. e indictment deadline is currently June 20. Dkt. 22.
e parties request a 63-day extension of the deadline to
August 22. Dkt. 23 at 1. is is the third request to extend the
deadline. Id. (referring to the motions filed at docket numbers 11 and
21). e criminal complaint was sworn on January 16 (Dkt. 1) and
the summons returned on January 21 (Dkt. 3). And so, if the parties’
request is granted, more than 210 days may pass before an indictment
is returned by the grand jury or an information is filed.
When the parties asked to continue the deadline in January,
they stated:
Counsel for the United States and the defendant
are currently engaged in active discussions
regarding the appropriate disposition of this
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matter and believe that 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. Based on this information,
the interests of justice would be served by the
parties continuing to attempt to resolve this
matter prior to grand jury presentment,
indictment, and/or trial.
Dkt. 11 at 1–2. e same statement accompanied the parties’ second
request. Dkt. 21 at 2. It is offered again to support the parties’ current
request. Dkt. 23 at 2.
e Court does not agree with the parties’ continued
assessment that the interests of justice are served by extending the
indictment deadline a third time. Sufficient time has passed for the
parties to work out their differences over the “appropriate disposition
of this matter.” Dkt. 23 at 2. While that rationale may support a
limited extension of the indictment deadline, it does not support
tolling the deadline for more than 210 days.
e parties have not offered a reason why the failure to grant
the requested continuance would likely make a continuation of this
prosecution impossible or result in a miscarriage of justice. See 18
U.S.C. § 3161(h)(7)(B)(i). e parties have not explained why this
case is so unusual or complex “that it is unreasonable to expect
adequate preparation for pretrial proceedings or for the trial itself
within the time limits” imposed by the Speedy Trial Act. Id.
§ 3161(h)(7)(B)(ii). Nor is there any explanation why the United
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States does not expect the return and filing of the indictment within
the prescribed time. Id. § 3161(h)(7)(B)(iii). And Defendant, who is
represented here by a competent and accomplished counsel, has
offered no rationale why an extension of the deadline is needed to
provide her with “reasonable time to obtain counsel” or “for effective
preparation, taking into account the exercise of due diligence.” Id.
§ 3161(h)(7)(B)(iv). In short, the Court finds that the parties have
offered no factual basis, grounded in the factors found in 18 U.S.C.
§ 3161(h)(7)(B), to support an interests-of-justice continuance of the
deadline to return an indictment or file an information.
But the Court appreciates the United States might still need
some time to finish presenting this matter to a grand jury. Given the
current schedule of that institution, and the need to accommodate
witnesses who may need to appear there, the Court will grant a short
continuance of the deadline. No further continuances will be granted
unless the parties show, through a detailed factual proffer, why this
matter should not advance.
Accordingly, it is ORDERED:
1. e Joint Motion for Extension of Time by which
Indictment/Information Must be Filed (Dkt. 23) is GRANTED in
part and DENIED in part;
2. e period from June 20, 2025, to and including July
23, 2025, is excludable under 18 U.S.C. § 3161(h)(7); and
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3. e United States shall obtain an Indictment or file an
Information on or before July 23, 2025.
DONE and ORDERED in Orlando, Florida, on June 20,
2025.
Copies to:
Counsel of Record
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