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U.S. v. Kostelac, 18-Cr-30023-DRH. (2018)

Court: District Court, S.D. Illinois Number: infdco20180502i05 Visitors: 12
Filed: May 01, 2018
Latest Update: May 01, 2018
Summary: ORDER DAVID R. HERNDON , District Judge . Now before the Court is defendant's motion to continue trial (doc. 18). Defendant states that as of March 2018, she suffered a medical condition, the consequences from which she is still recovering. The government does not object to a continuance of the trial. The Court being fully advised in the premises finds that defendant needs additional time to recover from her injuries before proceeding to trial. The Court finds that pursuant to 18 U.S.C.
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ORDER

Now before the Court is defendant's motion to continue trial (doc. 18). Defendant states that as of March 2018, she suffered a medical condition, the consequences from which she is still recovering. The government does not object to a continuance of the trial. The Court being fully advised in the premises finds that defendant needs additional time to recover from her injuries before proceeding to trial. 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 defendant in a speedy trial. The Court also finds that to deny a continuance of the matter would result in a miscarriage of justice.

Therefore, the Court GRANTS defendant's motion to continue trial (doc. 18). The Court CONTINUES the jury trial scheduled for May 14, 20181 to August 13, 2018, at 9:00 a.m. The time from the date the original motion was filed, April 27, 2018, until the date to which the trial is rescheduled, August 13, 2018, is excludable time for the purposes of speedy trial.

Should either 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.

IT IS SO ORDERED.

FootNotes


1. In her motion, defendant erroneously states the trial is currently set for May 11, 2018.
Source:  Leagle

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