Order — United States v. Emmet Bowens (Dkt. 193)

Summary

An Order filed December 3, 2025 in United States of America v. Emmet Bowens, Case No. 6:21-cr-141-RBD-DCI, in the U.S. District Court for the Middle District of Florida, on the Government's motion to continue trial (Doc. 190), which Defendant opposes (Doc. 192). The Court states that trial was set for December 10, 2025, after Defendant's counsel notified the Court that Defendant refused to waive speedy trial rights. The Government's motion is GRANTED, and the Court finds that the ends of justice served by the continuance outweigh the best interest of the public and the Defendant in a speedy trial. It determines that the time from December 3, 2025 until January 31, 2026 is excludable time and continues the matter to the trial term commencing January 5, 2026 in Orlando Courtroom 4A.

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“Order — United States v. Emmet Bowens (Dkt. 193).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-193-0-2da5ad1ff2/, SHA-256 904a4fbcdb6cf4a940244e04a19edb7625aceccde864b109ab47b658b3abfe8c.

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Case 6:21-cr-00141-RBD-NWH Document 193 Filed 12/03/25 Page 1 of 4 PageID 508

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA

v. Case No. 6:21-cr-141-RBD-DCI

EMMET BOWENS
____________________________________

ORDER

Before the Court is the Government’s motion to continue trial (Doc. 190),

which Defendant opposes (Doc. 192).

This case was previously continued to the January trial term on the

condition that Defendant waive his speedy trial rights. (See Docs. 175, 177.) On

November 24, 2025, Defendant’s counsel notified the Court that Defendant refused

to do so. (Doc. 184.) So the Court set trial for December 10, 2025. (Doc. 186.) The

Government now moves to continue, arguing that given the short notice, it cannot

secure all its witnesses for trial, the prosecutor has a significant scheduling conflict,

and the recently appointed defense counsel should be given more time to prepare.

(Doc. 190, pp. 5–7.) Nevertheless, Defendant opposes the motion to continue

against his counsel’s advice. (Doc. 192.)

Criminal defendants have the right to a speedy trial under both the Speedy

Trial Act and the Sixth Amendment. See United States v. Ogiekpolor, 122 F.4th 1296,

1304 (11th Cir. 2024). In deciding whether a delay would violate the Speedy Trial
Case 6:21-cr-00141-RBD-NWH Document 193 Filed 12/03/25 Page 2 of 4 PageID 509

Act, courts consider “adequate time for defense counsel [and the government] to

prepare, number of [witnesses], pending motions, anticipated trial time, . . .

conflicts in schedules of judges and trial counsel,” and the like. Id. at 1313 (quoting

United States v. Henry, 698 F.2d 1172, 1174 (11th Cir. 1983)) (internal quotation

marks omitted) (alterations in original). In deciding whether a delay would violate

the Sixth Amendment, courts consider the length of delay, the justification for

delay, whether and how the defendant asserts his right, and whether delay

prejudices the defendant. Barker v. Wingo, 407 U.S. 514, 530–32 (1972).

Turning first to the Speedy Trial Act, the trial is currently set for

December 10, 2025. (Doc. 186.) Because of Defendant’s change of heart on

November 24, this date was set on November 25—giving the parties barely two

weeks to prepare. (See id.) That the Government has been unable to confirm

witness availability shows the current trial date is untenable, not to mention that

Defendant’s counsel was appointed only weeks ago. And the Court has its own

conflicts, including two trials within the remaining speedy trial period. So the

factors weigh in favor of a continuance.

Turning next to the Sixth Amendment, the delay from mid-December to the

January trial term is less than one month. While Defendant was indicted over four

years ago (Doc. 1), much of the time between is due to Defendant’s flight and

restoring his competency. (See Docs. 78, 100.) The Government has strong

2
Case 6:21-cr-00141-RBD-NWH Document 193 Filed 12/03/25 Page 3 of 4 PageID 510

justification for the short additional delay, as the short notice for trial was due to

Defendant’s own actions and the Government cannot reasonably be expected to

have all witnesses available in such a short time. While the Defendant is now

asserting his speedy trial right, he has done so only recently and after his counsel

advised that he would be waiving his right to a speedy trial. And while Defendant

is detained pending trial, he has failed to show that continued detention will result

in “substandard conditions of confinement or other consequences” constituting

prejudice. See Ogiekpolor, 122 F.4th at 1308. Indeed, Defendant will undoubtedly

benefit from his counsel having time to actually prepare his case. So the Sixth

Amendment factors also weigh in favor of a continuance.

Accordingly, it is ORDERED AND ADJUDGED:

1. The Government’s motion to continue trial (Doc. 190) is GRANTED.

2. After considering all the factors, including those set forth in 18 U.S.C.

§ 3161(h)(7)(B), and for the reasons stated in this Order, the Court

FINDS that the ends of justice served by granting such a continuance

outweigh the best interest of the public and the Defendant in a speedy

trial.

3. The Court DETERMINES that the time from today, December 3,

2025, until and including January 31, 2026, shall be “excludable time”

pursuant to 18 U.S.C. § 3161(h).

3
Case 6:21-cr-00141-RBD-NWH Document 193 Filed 12/03/25 Page 4 of 4 PageID 511

4. This matter is CONTINUED to the trial term commencing January 5,

2026, in Orlando Courtroom 4A before the Undersigned. A date

certain for the trial will be set at the next status conference, which

remains set for December 11, 2025, at 10:00 a.m. (Doc. 177).

DONE AND ORDERED in Chambers in Orlando, Florida, on December 3,

2025.

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