DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
JERMAINE AYALA, 
Defendant. 
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Criminal No. 2017-26 
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ATTORNEYS: 
 
Ronald Sharpe, United States Attorney 
Sigrid Tejo-Sprotte, AUSA 
United States Attorney’s Office 
St. Thomas, U.S.V.I. 
 
For the United States of America, 
 
Juan F. Matos de Juan 
Hato Rey, PR 
 
For Jermaine Ayala. 
 
 
ORDER 
GÓMEZ, J. 
 
Before the Court is the application of Jermaine Ayala 
(“Ayala”) to waive his speedy trial. For the reasons stated 
herein, the time to try this case is extended up to and 
including August 14, 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 of time is 
necessary to provide Ayala with additional time to explore plea 
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United States v. Ayala 
Criminal No. 2017-26 
Order 
Page 2 
 
negotiations. Second, the defendant made this request with the 
advice and consent of counsel. Finally, Ayala’s counsel has 
prior commitments which create a scheduling conflict with the 
date of the trial.     
 
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   
 
 
ORDERED that the time beginning from the date of this order 
granting an extension through August 14, 2017, shall be excluded 
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United States v. Ayala 
Criminal No. 2017-26 
Order 
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in computing the time within which a trial must be initiated 
pursuant to 18 U.S.C. § 3161.  
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
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