U.S. v. ODERMATT, 8:12CR100. (2012)
Court: District Court, D. Nebraska
Number: infdco20120726968
Visitors: 20
Filed: Jul. 25, 2012
Latest Update: Jul. 25, 2012
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Richard A. Odermatt (Odermatt) (Filing No. 16). Odermatt seeks a continuance of the trial of this matter which is scheduled for July 30, 2012. Odermatt's counsel has represented to the court that Odermatt will submit an affidavit wherein Odermatt represents that he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Richard A. Odermatt (Odermatt) (Filing No. 16). Odermatt seeks a continuance of the trial of this matter which is scheduled for July 30, 2012. Odermatt's counsel has represented to the court that Odermatt will submit an affidavit wherein Odermatt represents that he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of t..
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ORDER
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the motion to continue by defendant Richard A. Odermatt (Odermatt) (Filing No. 16). Odermatt seeks a continuance of the trial of this matter which is scheduled for July 30, 2012. Odermatt's counsel has represented to the court that Odermatt will submit an affidavit wherein Odermatt represents that he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Upon consideration, the motion will be granted.
IT IS ORDERED:
1. Odermatt's motion to continue trial (Filing No. 16) is granted.
2. Trial of this matter is re-scheduled for October 1, 2012, before 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 July 25, 2012, and October 1 10, 2012, 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
