DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
DELLANA MAGNER, 
Defendant. 
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Criminal No. 2016-39 
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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, 
 
Alvin E. Entin 
Richard Della Fera 
Entin & Della Fera, P.A. 
Fort Lauderdale, FL 
Jeffrey B. Moorehead 
St. Croix, VI 
 
For defendant Dellana Magner. 
 
 
ORDER 
GÓMEZ, J. 
 
Before the Court is the application of Dellana Magner 
(“Magner”) to waive her speedy trial. For the reasons stated 
herein, the time to try this case is extended up to and 
including April 30, 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 
Case: 3:16-cr-00039-CVG-RM     Document #: 183     Filed: 01/13/17     Page 1 of 3
United States v. Magner 
Criminal No. 2016-39 
Order 
Page 2 
 
of justice for several reasons.  First, without an extension, 
Magner would be denied reasonable time necessary to explore plea 
options with her attorney.  Second, the defendant made this 
request with the advice and consent of counsel.    
 
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 April 30, 2017, shall be excluded 
Case: 3:16-cr-00039-CVG-RM     Document #: 183     Filed: 01/13/17     Page 2 of 3
United States v. Magner 
Criminal No. 2016-39 
Order 
Page 3 
 
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: 3:16-cr-00039-CVG-RM     Document #: 183     Filed: 01/13/17     Page 3 of 3