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U.S. v. VALENCIASR, 4:15CR3010. (2015)

Court: District Court, D. Nebraska Number: infdco20150624c78 Visitors: 16
Filed: Jun. 23, 2015
Latest Update: Jun. 23, 2015
Summary: ORDER CHERYL R. ZWART , Magistrate Judge . Defendant Pescador has moved to continue the trial currently set for July 13, 2015. (Filing No. 49). As explained in the motion, the defendant needs additional time to investigate this case and a potential plea agreement. The motion to continue is unopposed. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly, IT IS ORDERED: 1) Defendant Pescador's motion to continue, (filing no. 49), is granted
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ORDER

Defendant Pescador has moved to continue the trial currently set for July 13, 2015. (Filing No. 49). As explained in the motion, the defendant needs additional time to investigate this case and a potential plea agreement. The motion to continue is unopposed. Based on the showing set forth in the motion, the court finds the motion should be granted. Accordingly,

IT IS ORDERED:

1) Defendant Pescador's motion to continue, (filing no. 49), is granted. 2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on August 24, 2015, or as soon thereafter as the case may be called, for a duration of ten (10) trial days. Jury selection will be held at commencement of trial. 3) Based upon the showing set forth in the defendant Pescador's motion and the representations of counsel, the Court further finds that the ends of justice will be served by continuing the trial; and that the purposes served by continuing the trial date in this case outweigh the interest of the defendant and the public in a speedy trial. Accordingly, as to both defendants, the additional time arising as a result of the granting of the motion, the time between today's date and August 24, 2015, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(1), (h)(6) & (h)(7).
Source:  Leagle

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