Whether a district court may continue to rely on emergency circumstances to delay a trial under the ends-of-justice provision at 18 USC. § 3161(h)(7)(B)G), where a districtwide order has allowed jury trials to begin to resume, and where the district court receives no evidence and makes no findings as to why the defendant's trial cannot be among the first to be held

Question Presented Perhaps desperate times call for desperate measures. But as the desperate times end, so too must the measures, especially those that infringe on individual rights. During the COVID-19 pandemic, the Central District of California suspended jury trials for over a year, issuing General Orders finding that trials could not be safely held because of the risks associated with COVID-19. In April 2021, however, the Central District issued a General Order finding that conditions were such that trials could begin to resume as of June 2021. But the district court continued to delay trial in this case until September 2021 under the ends-ofjustice provision at 18 U.S.C. § 3161(h)(7)(B)Q), citing COVID-19 safety concerns. The district court did so notwithstanding that petitioner James Kevin Ball was incarcerated and had been consistently demanding the Speedy Trial to which the law entitled him, and notwithstanding that the district court was presented with no evidence and made no findings about any i particular health risks arising from trying Ball’s case, nor any other reason why his case should not be among the first to proceed after jury trials resumed in the Central District. The Ninth Circuit blessed that delay and lack of findings. The Questions Presented is thus: Whether a district court may continue to rely on emergency circumstances to delay a trial under the ends-of-justice provision at 18 USC. § 3161(h)(7)(B)G), where a districtwide order has allowed jury trials to begin to resume, and where the district court receives no evidence and makes no findings as to why the defendant’s trial cannot be among the first to be held. ii Statement of