Elawyers Elawyers
Washington| Change

U.S. v. MEEKS, 3:13-cr-30125-DRH. (2014)

Court: District Court, S.D. Illinois Number: infdco20140805783 Visitors: 5
Filed: Aug. 04, 2014
Latest Update: Aug. 04, 2014
Summary: ORDER DAVID R. HERNDON, District Judge. Now before the Court is defendant Steven Syms' August 8, 2014, motion to continue trial setting of August 25, 2014 (Doc. 279). Defendant indicates a need for additional time to resolve various pretrial issues. The government does not object to a continuance. The Court being fully advised in the premises finds counsel and defendant require additional time to prepare an adequate defense. The Court also finds that to deny a continuance of the matter would
More

ORDER

DAVID R. HERNDON, District Judge.

Now before the Court is defendant Steven Syms' August 8, 2014, motion to continue trial setting of August 25, 2014 (Doc. 279). Defendant indicates a need for additional time to resolve various pretrial issues. The government does not object to a continuance. The Court being fully advised in the premises finds counsel and defendant require additional time to prepare an adequate defense. The Court also finds that to deny a continuance of the matter would result in a miscarriage of justice. Further, the Court finds that pursuant to 18 U.S.C. § 3161(h)(7)(A), the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial.

Therefore, the Court GRANTS defendant's August 8, 2014, motion to continue trial setting of August 25, 2014 (Doc. 279). The Court CONTINUES the jury trial scheduled for August 25, 2014, to Monday, October 20, 2014 at 9:00 a.m. The time from the date the original motion was filed, August 8, 2014, until the date to which the trial is rescheduled, October 20, 2014, is excludable time for the purposes of speedy trial. Further, this continuance of trial also applies to all remaining nonmoving, nonsevered defendants in this case. United States v. Baker, 40 F.3d 154, 159 (7th Cir. 1994) ("`[U]nder § 3161(h)(7), the excludable delay of one defendant may be ascribed to all codefendants in the same case, absent severance.'") (quoting United States v. Tanner, 941 F.2d 574, 580 (7th Cir. 1991), cert. denied, 502 U.S. 1102 (1992)).

Finally, should any party believe that a witness will be required to travel on the Justice Prisoner and Alien Transportation System (JPATS) in order to testify at the trial of this case, a writ should be requested at least two months in advance. Further, the parties shall notify the Court if a change of plea hearing is necessary.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer