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U.S. v. CABRERA, 8:13CR220. (2013)

Court: District Court, D. Nebraska Number: infdco20130729918 Visitors: 6
Filed: Jul. 26, 2013
Latest Update: Jul. 26, 2013
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on defendant Lance M. Wolfe's (Wolfe) and Shawn A. Malesker's (Malesker) motions for an extension of time to file pretrial motions (Filing Nos. 46 and 47). The motions will be granted upon the condition the defendants file the affidavit required by NECrimR 12.1(a) and paragraph 9 of the Progression Order. IT IS ORDERED: 1. Wolfe's and Malesker's motions for an extension of time to file pretrial motions (Filing Nos. 4
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ORDER

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on defendant Lance M. Wolfe's (Wolfe) and Shawn A. Malesker's (Malesker) motions for an extension of time to file pretrial motions (Filing Nos. 46 and 47). The motions will be granted upon the condition the defendants file the affidavit required by NECrimR 12.1(a) and paragraph 9 of the Progression Order.

IT IS ORDERED:

1. Wolfe's and Malesker's motions for an extension of time to file pretrial motions (Filing Nos. 46 and 47) are granted.

2. Wolfe and Malesker are given until on or before August 12, 2013, 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 defendants in a speedy trial. The additional time arising as a result of the granting of the motions, i.e., the time between July 26, 2013, and August 12, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require 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).

3. Wolfe and Malesker shall file the affidavit required by NECrimR 12.1(a) and paragraph 9 of the Progression Order on or before August 5, 2013.

Source:  Leagle

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