Order — United States v. Swarez K. Garlington (Middle District of Georgia, Document 118, filed June 15, 2015)

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An Order of the United States District Court for the Middle District of Georgia, Valdosta Division, in United States v. Swarez K. Garlington, dated June 15, 2015. It grants the motion of the United States to continue the case from the Court's July 2015 trial term, which states that evidence received on June 10, 2015 reveals additional members of a significant drug conspiracy. Defendant is charged in a two-count superseding indictment: Count One, conspiracy to possess with intent to distribute methamphetamine, and Count Two, distribution of methamphetamine and cocaine. The case is continued to the next regularly scheduled term, the delay is excluded under 18 U.S.C. § 3161(h), and the time for filing motions is extended to not later than 14 days before the pretrial conference. It is signed by Hugh Lawson, Senior Judge.

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      Case 7:14-cr-00047-HL-TQL Document 118 Filed 06/15/15 Page 1 of 3



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


UNITED STATES OF AMERICA

v.                                              Case No. 7:14-CR-47 (HL)

SWAREZ K. GARLINGTON, a/k/a
“BAMA,”

      Defendant.

                                     ORDER

      Before the Court is the motion of the United States of America requesting

that this case be continued from the Court’s July 2015 trial term. (Doc. 113).

Upon consideration of the Government’s motion, the Court finds that the ends of

justice would be served by the granting of the continuance.

      Defendant is charged in a two-count superseding indictment. (Doc. 102).

Count One charges Defendant with Conspiracy to Possess with Intent to

Distribute Methamphetamine in violation of 21 U.S.C. § 846 i/c/w §§ 841(a)(1);

841(b)(1)(A)(viii) and 841(b)(1)(C). Count Two charges Defendant with

Distribution of Methamphetamine and Cocaine in violation of 21 U.S.C.

§§ 841(a), 841(b)(1)(A)(viii); 841(b)(1)(B)(viii); 841(b)(1)(C), and 18 U.S.C. § 2.

Following the original indictment in this case, Defendant made his initial

appearance and was arraigned on January 27, 2015, at which time he entered a

plea of “not guilty.” (Doc. 60).
      Case 7:14-cr-00047-HL-TQL Document 118 Filed 06/15/15 Page 2 of 3



      The Government now moves to continue this case from the Court’s July

2015 trial term to the next regularly scheduled trial term to investigate additional

evidence relating to Defendant received by the Government on June 10, 2015.

The Government avers that this new evidence reveals additional members of a

significant drug conspiracy and anticipates filing another superseding indictment

to include additional defendants. The Government requests additional time to

review the newly discovered evidence.

       IT IS HEREBY ORDERED that the above-referenced matter be

continued to the next regularly scheduled term of Court for the Valdosta Division

of this district, and that any delay occasioned by the continuance be deemed

excusable delay pursuant to 18 U.S.C. § 3161(h). The period of this delay shall be

excluded in computing the time within which the trial must commence. 18 U.S.C.

§ 3161(h)(7)(A). Further, the time for filing motions in this case is also extended to

not later than 14 days before the scheduled pretrial conference in this matter.

       It is the Court’s finding that the ends of justice served by the granting

of this continuance outweigh the best interests of the public and Defendant in a

speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court finds that failure to grant such

continuance could result in a miscarriage of justice, 18 U.S.C. § 3161(h)(7)(B)(i),

and that failure to grant such continuance would deny counsel for Defendant and

the Government the reasonable time necessary for effective preparation, taking

into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv).

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      Case 7:14-cr-00047-HL-TQL Document 118 Filed 06/15/15 Page 3 of 3



      SO ORDERED this 15th day of June, 2015.


                                   s/ Hugh Lawson__ _____________
                                   HUGH LAWSON, SENIOR JUDGE

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