Elawyers Elawyers
Ohio| Change

U.S. v. ESPINOZA, 15-cr-30029-DRH-3. (2015)

Court: District Court, S.D. Illinois Number: infdco20151230825 Visitors: 11
Filed: Dec. 29, 2015
Latest Update: Dec. 29, 2015
Summary: ORDER DAVID R. HERNDON , District Judge . Now before the Court is defendant Aldrin Javier Espinoza's December 28, 2015 motion to continue trial setting of January 11, 2016 (Doc. 58). Defendant states that his counsel needs additional time to prepare for trial. The Government does not object to the motion. The Court being fully advised in the premises finds the parties require additional time to resolve this case. In continuing the trial, the Court notes that one of the defendants, Arturo
More

ORDER

Now before the Court is defendant Aldrin Javier Espinoza's December 28, 2015 motion to continue trial setting of January 11, 2016 (Doc. 58). Defendant states that his counsel needs additional time to prepare for trial. The Government does not object to the motion. The Court being fully advised in the premises finds the parties require additional time to resolve this case.

In continuing the trial, the Court notes that one of the defendants, Arturo Lucatero Escobar, is still at large and has not yet been arraigned. As no motion for severance of the remaining defendant has been filed or granted in this case, all defendants adhere to the same Speedy Trial clock. Because the Speedy Trial clock does not begin to run until the last co-defendant is arraigned, the 70-day window for conducting this trial has not yet come into play under the Speedy Trial Act. See United States v. Larson, 417 F.3d 741, 745 n. 1 (7th Cir.2005) ("In the typical joint trial, the Speedy Trial clock begins when the last codefendant is arraigned.") (citing United States v. Baskin-Bey, 45 F.3d 200, 203 (7th Cir.1995). Thus, as the Speedy Trial Clock has not begun to run, there is no need to account for excluded time due to trial delays, such as when a trial is continued.

Therefore, the Court GRANTS defendant's motion to continue the January 11, 2016 trial (Doc. 58). The Court CONTINUES the jury trial scheduled for January 11, 2016, to Monday, April 18, 2016, at 9:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer