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U.S. v. AGUILAR-PORTILO, 8:14CR306. (2015)

Court: District Court, D. Nebraska Number: infdco20150324e64 Visitors: 16
Filed: Mar. 23, 2015
Latest Update: Mar. 23, 2015
Summary: ORDER THOMAS D. THALKEN , Magistrate Judge . This matter is before the court on the motion to continue by defendant Jose Salazar-Billalba (Salazar-Billalba) (Filing No. 69). Salazar-Billalba seeks a sixty-day continuance of the trial of this matter scheduled for April 6, 2015. Salazar-Billalba's counsel represents Salazar-Billalba will file an affidavit whereby Salazar-Billalba consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes
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ORDER

This matter is before the court on the motion to continue by defendant Jose Salazar-Billalba (Salazar-Billalba) (Filing No. 69). Salazar-Billalba seeks a sixty-day continuance of the trial of this matter scheduled for April 6, 2015. Salazar-Billalba's counsel represents Salazar-Billalba will file an affidavit whereby Salazar-Billalba consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Salazar-Billalba's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted, and trial will be continued as to all defendants.

IT IS ORDERED:

1. Salazar-Billalba's motion to continue trial (Filing No. 69) is granted.

2. Trial of this matter as to all defendants is re-scheduled for June 1, 2015, before Senior Judge Joseph F. Bataillon and a jury. 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 March 23, 2015, and June 1, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendants' counsel require additional time to adequately prepare the 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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