IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
KAMOY KING, 
Defendant. 
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Case No. 3:23-cr-0064 
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ORDER 
 
BEFORE THE COURT is the Government’s unopposed Motion to Continue Trial Date 
and Toll Time under the Speedy Trial Act. (ECF No. 64.)  For the reasons stated herein, the 
Court will continue the trial in this matter until September 9, 2024. The Court finds that the 
time beginning from the date of this Order through September 9, 2024, shall be excluded in 
computing the time within which the trial in this matter must be initiated. 
 
On September 1, 2023, the Government filed a complaint charging Defendant with 
violations of 8 U.S.C. § 1324(a)(1)(A)(i) (Alien Smuggling) and 18 U.S.C. § 2237(a)(1) (Failure 
to Heave To). On September 29, 2023, the Government ϐiled an Information, charging 
Defendant with violations of 8 U.S.C. § 1324(a)(2)(B)(ii) and 18 U.S.C. § 2237(a)(1). On 
December 19, 2023, an Indictment was returned charging Defendant with four counts of 
Bringing Aliens to the United States, in violation of 8 U.S.C. § 1324(a)(2)(B)(iii), and one 
count of Failure to Heave, in violation of 18 U.S.C. § 2237(a)(1). Defendant was arraigned on 
December 27, 2023.   
The Government seeks a continuance because its case relies heavily on the testimony 
of a material witness, Nilda Heredia (“Heredia”), who is currently unreachable, after the U.S. 
Office of Probation reported on March 22, 2024, that she was no longer residing with her 
appointed third-party custodian. According to the Government, multiple contacts by the 
probation officer in New Jersey to contact her have been unsuccessful. The Government 
requests an additional 60 days to locate and secure Heredia’s testimony.  
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United States v. King 
Case No. 3:23-cr-0064 
Order 
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While the Speedy Trial Act (the “Act”) requires that defendants be tried within 
seventy days of indictment, the Act specifically excludes:  
[a]ny 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)(1)(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.” United States v. 
Fields, 39 F.3d 439, 444 (3d Cir. 1994); United States v. Green, No. CRIM.A. 08-44, 2011 WL 
1877299, at *5 (E.D. Pa. May 16, 2011), aff'd, 516 F. App'x 113 (3d Cir. 2013) (finding that  a 
delay needed for the Government to secure a witness was excludable from the Speedy Trial 
Act calculation under “18 U.S.C. § 3161(h)(3)(A) (excluding ‘[a]ny period of delay resulting 
from the absence or unavailability of the defendant or an essential witness’)”).  
The Court finds that the ends of justice 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. Here, an extension of time is necessary to allow the Government to secure the 
attendance of its material witness at trial. The premises considered, it is hereby 
ORDERED that the Government’s Motion to Continue Trial Date and Toll Time under 
the Speedy Trial Act, ECF No. 64, is GRANTED; it is further 
ORDERED that the time beginning from the date of this order granting an extension 
through September 9, 2024, 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 the parties SHALL file their respective notices of readiness for trial 
no later than August 30, 2024; it is further  
ORDERED that the parties SHALL file and serve a pre-trial brief no later than August 
30, 2024, which shall include the following: (a) proposed list of witnesses; (b) proposed list 
of exhibits; (c) estimated length of case-in-chief and case-in-defense; (d) proposed non-
standard voir dire questions; and (e) proposed non-standard jury instructions related to the 
elements of the charges and defenses; it is further 
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United States v. King 
Case No. 3:23-cr-0064 
Order 
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ORDERED that the parties SHALL provide the Clerk of Court with a USB Flash Drive 
containing electronic versions of exhibits no later than September 4, 2024;1 and it is further 
ORDERED that the Jury Selection and Trial in this matter previously scheduled for 
July 8, 2024, are CONTINUED to commence promptly at 9:00 A.M. on September 9, 2024, in 
St. Thomas Courtroom 1. 
 
Dated: June 27, 2024 
 
/s/ Robert A. Molloy  
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
Chief Judge 
 
1 Counsel are advised to consult with Court technical staff to determine the proper format for saving electronic 
versions of exhibits. The Government’s trial exhibits shall be labelled sequentially beginning with Government’s 
Exhibit 1. Defense exhibits shall be labelled sequentially beginning with Defense Exhibit A. 
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