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Motion to Continue Trial and Related Pretrial Deadlines, Sean Patrick Boyd, Jr., Case 2:23-cr-00123

Summary

Document 24 in Case 2:23-cr-00123 is a Motion to Continue Trial and Related Pretrial Deadlines filed by defendant Sean Patrick Boyd, Jr. through Assistant Federal Public Defender Emily L. Szopinski. It asks for a continuance of forty-five days and a finding of excludable time under the Speedy Trial Act. The motion states that trial is scheduled to commence on October 31, 2023, at 9:30 a.m., and that standard and supplemental discovery responses have been received but additional time is needed to review them. It states that Mr. Boyd is presently on bond and will not be prejudiced, and that the government does not object. The signature line shows s/Emily L. Szopinski.

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“Motion to Continue Trial and Related Pretrial Deadlines, Sean Patrick Boyd, Jr., Case 2:23-cr-00123.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-237310-24-0-dbb067fcf0/, SHA-256 e65c8f5ed3f1bf934e6bd22235e248f8300410316bc4006e91985840ed2fa694.

Full text

     Case 2:23-cr-00123   Document 24    Filed 10/03/23   Page 1 of 3 PageID #: 59




                IN THE UNITED STATES DISTRICT COURT
             FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
                        CHARLESTON DIVISION


UNITED STATES OF AMERICA

v.                                                   Criminal No. 2:23-00123

SEAN PATRICK BOYD, JR.


                       MOTION TO CONTINUE TRIAL
                    AND RELATED PRETRIAL DEADLINES

        The defendant, Sean Patrick Boyd, Jr., by Assistant Federal Public Defender

Emily L. Szopinski, hereby moves the Court for an Order continuing the trial and

related pretrial deadlines for a period of forty-five days and finding excludable time

under the Speedy Trial Act, 18 U.S.C. §§ 3161, et seq. In support thereof, the

defendant states as follows:

        1.    Per the Arraignment Order entered on September 8, 2023, pretrial

motions are due to be filed October 4, 2023, the pretrial motions hearing is scheduled

for October 17, 2023, and the trial is scheduled to commence on October 31, 2023, at

9:30 a.m., before Senior United States District Court Judge John T. Copenhaver, Jr.

in Charleston. Dkt. Nos. 16, 22.

        2.    The government’s standard discovery responses, as well as a

supplemental discovery response, have been received but additional time is needed

for undersigned counsel and Mr. Boyd to independently review the material prior to

confer regarding the same.
  Case 2:23-cr-00123      Document 24     Filed 10/03/23    Page 2 of 3 PageID #: 60




      3.     Further, investigation and necessary research may need to be conducted

prior to determining what, if any, pretrial motions need to be filed on his behalf.

      4.     These matters cannot be completed with the current pretrial and trial

schedule.

      5.     As Mr. Boyd is presently on bond, he will not be prejudiced by a

continuance in this matter.

      6.     Undersigned counsel is authorized to state that the government does not

object to the requested continuance.

      7.     The ends of justice outweigh the best interests of the public and the

defendant in a speedy trial as the same is specifically defined in the aforesaid Act.

      The defendant certifies that the reasons for the request do not include general

congestion of the Court’s calendar, or lack of diligent preparation on the part of the

parties involved.

      WHEREFORE, defendant respectfully requests that this Honorable Court

enter an Order continuing the trial and related pretrial deadlines in this matter for

a period of forty-five days.

Date: October 3, 2023.                         Respectfully submitted,

                                               SEAN PATRICK BOYD, JR.

                                               By Counsel




                                           2
  Case 2:23-cr-00123   Document 24   Filed 10/03/23   Page 3 of 3 PageID #: 61




WESLEY P. PAGE
FEDERAL PUBLIC DEFENDER

s/Emily L. Szopinski ________________
Emily L. Szopinski, WV Bar No. 14231
Assistant Federal Public Defender
Office of the Federal Public Defender
300 Virginia Street, East, Room 3400
Charleston, WV 25301
Telephone: (304) 347-3350
Facsimile: (304) 347-3356
E-mail: Emily_Szopinski@fd.org




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