U.S. v. HICKMAN, 2:13-CR-076. (2014)
Court: District Court, E.D. Tennessee
Number: infdco20141105b95
Visitors: 5
Filed: Nov. 04, 2014
Latest Update: Nov. 04, 2014
Summary: MEMORANDUM AND ORDER LEON JORDAN, District Judge. This case is before the court on the defendant's motion for a continuance of his December 2, 2014 trial date [doc. 124]. Defense counsel advises that both he and the prosecuting attorney are scheduled for oral argument before the Sixth Circuit Court of Appeals on that date. The defendant accordingly requests a two-day continuance. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public
Summary: MEMORANDUM AND ORDER LEON JORDAN, District Judge. This case is before the court on the defendant's motion for a continuance of his December 2, 2014 trial date [doc. 124]. Defense counsel advises that both he and the prosecuting attorney are scheduled for oral argument before the Sixth Circuit Court of Appeals on that date. The defendant accordingly requests a two-day continuance. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public a..
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MEMORANDUM AND ORDER
LEON JORDAN, District Judge.
This case is before the court on the defendant's motion for a continuance of his December 2, 2014 trial date [doc. 124]. Defense counsel advises that both he and the prosecuting attorney are scheduled for oral argument before the Sixth Circuit Court of Appeals on that date. The defendant accordingly requests a two-day continuance.
The court finds that the ends of justice served by granting the motion outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). In particular, the court finds that the failure to grant the motion would unreasonably deny continuity of counsel for both parties. 18 U.S.C. § 3161(h)(7)(B)(iv). The motion requires a delay in the proceedings. Therefore, all the time from the filing of the motion to the new trial date is excludable as provided by the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A).
The defendant's motion [doc. 124] is GRANTED, and this criminal case is CONTINUED to Thursday, December 4, 2014, at 10:00 a.m. A pretrial hearing in light of Missouri v. Frye, 132 S.Ct. 1399 (2012), and Laffler v. Cooper, 132 S.Ct. 1376 (2012), is SET for 9:45 a.m. that same day.
IT IS SO ORDERED:
Source: Leagle
