MEMORANDUM OPINION AND ORDER

JENNIFER B. COFFMAN, District Judge.

This matter is before the court on Freddie Campbell, Jr.'s pro se motion for speedy trial and objection to trial continuance. The court will grant Campbell's motion for a speedy trial and will overrule his objection to trial continuance as moot.

The defendant was arrested on June 8, 2011, on the allegations contained in this matter.

On June 10, 2011, the defendant appeared before the Honorable Robert E. Wier, United States Magistrate Judge, on a criminal complaint (R. 1) which was assigned Criminal Case No. 5:11-mj-5077-REW.

Pursuant to Title 18, U.S.C. § 3161(b), any indictment charging an individual with the commission of an offense shall be filed within 30 days from the date on which such individual was arrested.

On July 7, 2011, or thirty days from the date of the defendant's arrest, an Indictment (R. 8) against defendant Freddie Campbell, Jr., and a co-defendant was returned by the Grand Jury and filed in the record.

Pursuant to Title 18, U.S.C. § 3161(c)(1), in any case in which a plea of not guilty is entered, the trial of a defendant charged in an indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.

The Indictment (R. 8) against Campbell and co-defendant Michael A. Marshall, Jr., was filed and made public on July 7, 2011, and Campbell appeared before Magistrate Judge Wier for an initial appearance and arraignment on the charges contained in the Indictment on July 15, 2011. The jury trial for Campbell and his co-defendant was scheduled on September 6, 2011, which falls 61 days after July 7, 2011, and within the 70-day period of time allowed by Title 18, U.S.C. § 3161(c)(1).

Defendant Marshall moved for a continuance of the trial (R. 31) on August 4, 2011. Campbell filed a response in opposition (R. 32) to the motion and then amended his response (R. 33) stating that he had no objection to the continuance. Marshall's motion to continue the jury trial was granted by order (R. 34) filed on August 11, 2011, and the trial was continued to October 3, 2011. A finding was made that the time between September 6, 2011, and October 3, 2011, was excluded in computing time under Title 18, U.S.C. § 3161(h)(6), (h)(7)(A) and (h)(7)(B)(iv)1 of the Speedy Trial Act.

On September 1, 2011, a Superseding Indictment was filed in this matter, again naming Campbell and Marshall as defendants along with nine new co-defendants. Campbell and Marshall appeared before Magistrate Judge Wier on September 9, 2011, for arraignment on the Superseding Indictment and were given a new trial date of November 7, 2011. The minute entry (R. 57) for this arraignment hearing, filed on September 9, 2011, states that the court announced this new trial date consistent with the date to be assigned to new co-defendants and that it comports with the Speedy Trial Act, Title 18, U.S.C. § 3161(h)(6). The minute entry further states that neither defendant objected to the new trial date.

On October 27, 2011, defendant Leslie Michelle Martin moved to continue (R. 127) the trial date of November 7, 2011. Several other co-defendants filed separate motions to continue. (Neace — R. 128, T. Martin — R. 129, J. Martin — R. 131, Maupin — R. 132, McCarty — R. 135, Smith — R. 136). Campbell filed a response (R. 133) stating that he has no objection to the motions to continue. The motions to continue were granted by order (R. 137) filed on November 1, 2011, and the trial was continued to January 9, 2012. A finding was made that the time between October 27, 2011, which was the date of filing of the first motion to continue the trial (R. 127), and January 9, 2012, was excluded in computing time under Title 18, U.S.C. § 3161(h)(6), (h)(7)(A) and (h)(7)(B)(iv) of the Speedy Trial Act.

On its own motion, the court moved the trial from January 9, 2012, to January 10, 2012, by order (R. 145) and made a Speedy Trial finding excluding time under Title 18, U.S.C. § 3161(h)(6), (h)(7)(A) and (h)(7)(B)(iv) of the Speedy Trial Act.

A Second Superseding Indictment (R. 180) was returned on January 5, 2012, naming Freddie Campbell, Jr., three previously named defendants, and four new defendants.

On January 6, 2012, defendant James William Martin moved to continue (R. 190) the jury trial scheduled on January 10, 2012. Defendant Leslie Michelle Martin also filed a separate motion to continue (R. 192) the trial. These motions to continue were granted by order (R. 194) filed on January 10, 2012, and the trial date of all defendants who had appeared before the court was continued to March 12, 2012. A finding was made that the time between January 6, 2012, which was the date of filing of the first motion to continue the trial (R. 190), and March 12, 2012, was excluded in computing time under Title 18, U.S.C. § 3161(h)(6), (h)(7)(A) and (h)(7)(B)(iv) of the Speedy Trial Act.

Defendant Khevis Lee Campbell moved to continue the trial and to extend the deadline to file defensive motions (R. 241) on February 29, 2012. In consideration of this motion to continue and in order to allow the last defendant, Steven Boyd Washington, to make his initial appearance and arraignment in this matter and in this district, the court granted Khevis Campbell's motion to continue and file defensive motions and continued the trial date pending Washington's appearance in this district by order (R. 247) filed on March 6, 2012. The court made findings that the time between February 29, 2012, which was the date of filing of the motion to continue the trial, and the date on which a new trial will be assigned, is excluded in computing time under Title 18, U.S.C. § 3161(h)(1)(D), (h)(1)(E)2, (h)(6), (h)(7)(A) and (h)(7)(B)(iv) of the Speedy Trial Act.

Steven Boyd Washington made his initial appearance and arraignment in the Eastern District of Kentucky before Magistrate Judge Wier on March 29, 2012. By order (R. 262), the court assigned a trial date of May 14, 2012, for Freddie Campbell, Jr., and all remaining co-defendants in this matter who have not entered guilty pleas.

In this analysis, the court has taken a connect-the-dot approach to showing the time that has been afforded Freddie Campbell, Jr. and his co-defendants in consideration of a Speedy Trial by stringing one event to another illustrating how time has been excluded and trial dates have been established in this case according to the Speedy Trial Act. This is the direct line to get from one trial date to the next throughout the whole history of the case up to the current trial date.

Numerous outlying factors are not mentioned or included in this approach. Some of these factors include pro se motions filed by Mr. Campbell himself that could be cause for excluding still more time under Speedy Trial calculations. Other factors relate to co-defendants and their rights to have no less than thirty days to prepare for trial3, and at the same time have trial commence within the seventy-day time period4, minus excluded time, as allowed by the Federal Rules. It is not necessary to include these other factors in the analysis, as there is overlap of the excluded time in this matter resulting in a 70-day trial clock that has yet to expire and the Speedy Trial Act has not been violated.

Accordingly,

IT IS ORDERED that Freddie Campbell, Jr.'s pro se motion for speedy trial (R. 249) is GRANTED and his jury trial remains scheduled on May 14, 2012, at 9:00 a.m. at Lexington, Kentucky.

IT IS FURTHER ORDERED that pursuant to the court's order (R. 247) filed on March 6, 2012, the time between February 29, 2012, and May 14, 2012, is excluded in computing time under Title 18, U.S.C. § 3161(h)(1)(D), (h)(1)(E), (h)(6), (h)(7)(A) and (h)(7)(B)(iv) of the Speedy Trial Act.

The defendant's objection to trial continuance (R. 250) is overruled as moot.