DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
MYTEAIRRA MIXON, 
Defendant. 
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Criminal No. 2015-32 
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ATTORNEYS: 
 
Ronald Sharpe, United States Attorney 
Delia L. Smith, AUSA 
United States Attorney’s Office 
St. Thomas, VI 
 
For the United States of America, 
 
David J. Cattie 
Ogletree, Deakins, Nash, Smoak & Stewart LLC 
St. Thomas, VI 
 
For defendant Myteairra Mixon. 
 
 
ORDER 
GÓMEZ, J. 
 
Before the Court is the application of Myteairra Mixon 
(“Mixon”) to waive her speedy trial. For the reasons stated 
herein, the time to try this case is extended up to and 
including January 31, 2017.   
 
While the Speedy Trial Act requires that a defendant be 
tried within seventy days of indictment, the Court specifically 
finds that extending this period would be in the best interest 
of justice for several reasons.  First, an extension is 
Case: 3:15-cr-00032-CVG-RM   Document #: 457   Filed: 11/30/16   Page 1 of 3
United States v. Mixon  
Criminal No. 2015-32 
Order 
Page 2 
 
necessary to allow Mixon an opportunity to adequately prepare 
for trial.  Second, the defendant made this request with the 
advice and consent of counsel. Third, without an extension, 
Mixon would be denied reasonable time necessary to discuss 
potential resolutions with the United States.   
 
Consistent with these concerns, the United States Court of 
Appeals for the Third Circuit has recognized that "whether or 
not a case is 'unusual' or 'complex,' an ends of justice 
continuance may in appropriate circumstances be granted."  
United States v. Fields, 39 F.3d 439, 444 (3d Cir. 1994)(citing 
United States v. Dota, 33 F.3d 1179(9th Cir. 1994)("An ends of 
justice continuance may be justified on grounds that one side 
needs more time to prepare for trial . . . even though a case is 
not complex")); see also United States v. Brooks, 697 F.2d 517, 
522 (3d Cir. 1982), cert. denied, 460 U.S. 1071(1983)(no abuse 
of discretion where district court found that multiple count, 
multiple defendant "case was complex and required additional 
time for adequate preparation."); United States v. Lattany, 982 
F.2d 866, 883 (3d Cir. 1992)("district court did not abuse its 
discretion [by delaying trial] to give counsel . . . opportunity 
to . . . decid[e] upon and prepar[e] an appropriate defense."). 
 
The premises considered; it is hereby   
 
Case: 3:15-cr-00032-CVG-RM   Document #: 457   Filed: 11/30/16   Page 2 of 3
United States v. Mixon  
Criminal No. 2015-32 
Order 
Page 3 
 
 
ORDERED that the time beginning from the date of this order 
granting an extension through January 31, 2017, shall be 
excluded in computing the time within which a trial must be 
initiated pursuant to 18 U.S.C. § 3161.  
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
Case: 3:15-cr-00032-CVG-RM   Document #: 457   Filed: 11/30/16   Page 3 of 3