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U.S. v. LOPEZ-HUERTA, 8:12CR147. (2012)

Court: District Court, D. Nebraska Number: infdco20120615b79 Visitors: 5
Filed: Jun. 14, 2012
Latest Update: Jun. 14, 2012
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion for an extension of time by defendant Leandro Lopez-Huerta (Lopez-Huerta) (Filing No. 33). Lopez-Huerta seeks additional time in which to file pretrial motions in accordance with the progression order. Lopez Huerta has filed an affidavit consenting to the motion and acknowledging the additional time needed for the motion may be excluded under the Speedy Trial Act. Upon consideration, the motion will be gra
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ORDER

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on the motion for an extension of time by defendant Leandro Lopez-Huerta (Lopez-Huerta) (Filing No. 33). Lopez-Huerta seeks additional time in which to file pretrial motions in accordance with the progression order. Lopez Huerta has filed an affidavit consenting to the motion and acknowledging the additional time needed for the motion may be excluded under the Speedy Trial Act. Upon consideration, the motion will be granted.

IT IS ORDERED:

Defendant Lopez-Huerta's motion for an extension of time (Filing No. 33) is granted. Lopez-Huerta is given until on or before July 13, 2012, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between June 14, 2012, and July 13, 2012, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel requires additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B)

Source:  Leagle

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