U.S. v. GALLARDO-LUNA, 8:14CR27. (2014)
Court: District Court, D. Nebraska
Number: infdco20140327e27
Visitors: 5
Filed: Mar. 26, 2014
Latest Update: Mar. 26, 2014
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Jazmin Gallardo-Luna (Gallardo-Luna) (Filing No. 25). Gallardo-Luna seeks a continuance of the trial scheduled for April 14, 2014. Gallardo-Luna has submitted an affidavit in accordance with paragraph 9 of the progression order whereby Gallardo-Luna consents to the motion and acknowledges she understands the additional time may be excludable time for the purposes of the Speedy Tria
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Jazmin Gallardo-Luna (Gallardo-Luna) (Filing No. 25). Gallardo-Luna seeks a continuance of the trial scheduled for April 14, 2014. Gallardo-Luna has submitted an affidavit in accordance with paragraph 9 of the progression order whereby Gallardo-Luna consents to the motion and acknowledges she understands the additional time may be excludable time for the purposes of the Speedy Trial..
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ORDER
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the motion to continue by defendant Jazmin Gallardo-Luna (Gallardo-Luna) (Filing No. 25). Gallardo-Luna seeks a continuance of the trial scheduled for April 14, 2014. Gallardo-Luna has submitted an affidavit in accordance with paragraph 9 of the progression order whereby Gallardo-Luna consents to the motion and acknowledges she understands the additional time may be excludable time for the purposes of the Speedy Trial Act (Filing No. 26). Gallardo-Luna's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted.
IT IS ORDERED:
1. Gallardo-Luna's motion to continue trial (Filing No. 25) is granted.
2. Trial of this matter is re-scheduled for May 12, 2014, 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 March 26, 2014, and May 12, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendant's counsel requires 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
