DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
CESAR THOMAS-LEVERET, 
Defendant. 
) 
) 
) 
 
) 
 
) 
Case Nos. 3:21-cr-0023 
)                                
) 
) 
) 
) 
 
ORDER 
THIS MATTER came before the Court for a telephonic pretrial status conference1 
concerning Defendant Cesar Thomas-Leveret (“Thomas-Leveret”) held on November 8, 
2022. This matter is currently set for Jury Selection and Trial for November 14, 2022. 
However, Thomas-Levert is requesting a continuance in order to finalize and execute the 
plea agreement. Thomas-Leveret waived any rights to a speedy trial under the Speedy Trial 
Act. After careful consideration and for good cause, the Court will grant Thomas-Leveret’s 
request to continue the trial date. 
 While the Speedy Trial Act requires that defendants be tried within seventy days 
from the public filing of the charging document, the Act specifically excludes:  
Any period of delay resulting from a continuance granted by any judge on his 
own motion or at the request of the defendant or his counsel or at the request 
of the attorney for the Government, if the judge granted such continuance on 
the basis of his findings that the ends of justice served by taking such action 
outweigh the best interest of the public and the defendant in a speedy trial. 
18 U.S.C. § 3161(h)(7)(A). 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,” including “to 
permit plea negotiations to continue.” United States v. Fields, 39 F.3d 439, 45 (3d Cir. 1994).  
 
1 Defendant Matthew Hazel was adjudged guilty on September 13, 2022, based on his plea agreement. (ECF 
No. 158.) Magistrate Judge’s Reports and Recommendations concerning Defendant Lodwin Ashton’s plea of 
guilty (ECF No. 175), Defendant Jose Solano’s plea of guilty (ECF No. 278) and Defendant Andrew Wilson’s 
plea of guilty (ECF No. 186) are pending.  
Case: 3:21-cr-00023-RAM-RM   Document #: 189   Filed: 11/08/22   Page 1 of 2
United States of America v. Thomas-Leveret 
Case No. 3:21-cr-0023 
Order 
Page 2 of 2 
 
Here, an extension of time is necessary to give Thomas-Leveret sufficient time to meet 
with his counsel to finalize and execute the plea agreement that he has been negotiating with 
the Government. The Court finds that the ends of justice is served by extending the period in 
which the trial must begin in this matter outweigh the best interest of the public and the 
Defendant in a speedy trial.   
 
The premises considered, it is hereby 
ORDERED that Thomas-Leveret’s unopposed motion to continue the trial date is 
GRANTED; it is further  
ORDERED that the time beginning from the date of this order granting continuance 
pending further order of the Court shall be excluded in computing the time within which the 
trial in this matter must be initiated pursuant to 18 U.S.C. § 3161; it is further 
ORDERED that Thomas-Leveret shall file his speedy trial waiver no later than 
November 21, 2022; it is further 
ORDERED that the case shall be removed from the trial calendar; and it is further 
ORDERED that the parties shall file a Notice with the Court advising of the status of 
the case no later than November 28, 2022. 
 
Dated: November 8, 2022  
/s/ Robert A. Molloy  
 
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
Chief Judge 
 
 
Case: 3:21-cr-00023-RAM-RM   Document #: 189   Filed: 11/08/22   Page 2 of 2