IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

V. ) CR. NO.: 3:06cr191-MHT

)

SPRING M. DAWSON )

UNOPPOSED MOTION TO CONTINUE TRIAL

NOW COMES the Defendant, Spring M. Dawson, by and through undersigned counsel,

Jennifer A. Hart, and pursuant to 18 U.S.C. § 3161(h)(8), respectfully moves this Court to continue

the trial of this action from the present trial date of February 5, 2007. In support of this Motion,

defendant would show:

1. Undersigned counsel will be seeking Pretrial Diversion in this matter and is in the

process of obtaining the necessary documents to request Pretrial Diversion on behalf of the

Defendant. 

2. The Defendant currently resides in Washington State but will be traveling to

Alabama next week to meet with counsel and assistance with the preparation of the diversion

request.

3. Counsel for the Government has no opposition to this requested continuance. 

4. Requests for a continuance are addressed to the sound discretion of the trial court.

United States v. Darby, 744 F.2d 1508, 1521 (11th Cir. 1984), reh. denied 749 F.2d 733, cert. denied

471 U.S. 1100 (1985). A continuance to consider pretrial diversion would serve the ends of justice.

"The subject of pre-trial diversion is one of enormous importance in the administration of justice,

both in avoiding needless clogging of the courts for the cases that really identify a social and medical

Case 3:06-cr-00191-MHT-CSC Document 17 Filed 01/16/2007 Page 1 of 3
problem rather than a legal problem, and for the more effective protection of society through

rehabilitation of the individuals involved in those cases." United States v. Moore, 486 F.2d 1139,

1193 (D.C. Cir. 1973). 

5. Under the standard pretrial diversion agreement, the period between the dismissal of

the original indictment pursuant to diversion and anyreindictment brought in the event of a violation

of the diversion agreement would not be counted against the time limits of the Speedy Trial Act. 18

U.S.C. § 3161(h)(6) states: "If the information or indictment is dismissed upon motion of the

attorney for the Government and thereafter a charge is filed against the defendant for the same

offense, or any offense required to be joined with that offense, any period of delay from the date the

charge was dismissed to the date the time limitation would commence to run as to the subsequent

charge had there been no previous charge [is excluded]." United States v. Hicks, 693 F.2d 32 (5th

Cir. 1982). 

WHEREFORE, Defendant respectfully requests that this Motion be granted. 

Respectfully submitted, 

s/Jennifer A. Hart

JENNIFER A. HART

FEDERAL DEFENDERS

MIDDLE DISTRICT OF ALABAMA

201 Monroe Street, Suite 407

Montgomery, AL 36104

Phone: (334) 834-2099

Fax: (334) 834-0353

jennifer_hart@fd.org

AL Bar Code: HAR189

Case 3:06-cr-00191-MHT-CSC Document 17 Filed 01/16/2007 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on January 16, 2007, I electronically filed the foregoing with the Clerk

of the Court using the CM/ECF system which will send notification of such filing to the following:

Kent Brunson, Assistant U. S. Attorney.

Respectfully submitted,

s/Jennifer A. Hart

JENNIFER A. HART

FEDERAL DEFENDERS

MIDDLE DISTRICT OF ALABAMA

201 Monroe Street, Suite 407

Montgomery, AL 36104

Phone: (334) 834-2099

Fax: (334) 834-0353

jennifer_hart@fd.org

AL Bar Code: HAR189

Respectfully submitted, 

Case 3:06-cr-00191-MHT-CSC Document 17 Filed 01/16/2007 Page 3 of 3