U.S. v. TIDWELL, 8:13CR106. (2014)
Court: District Court, D. Nebraska
Number: infdco20141105a49
Visitors: 21
Filed: Nov. 04, 2014
Latest Update: Nov. 04, 2014
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Warren Tidwell (Tidwell) (Filing No. 249). Tidwell seeks a continuance of the trial of this matter scheduled for November 17, 2014. Tidwell's counsel represents Tidwell will file an affidavit whereby Tidwell consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Tidwell's counsel represents that go
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion to continue by defendant Warren Tidwell (Tidwell) (Filing No. 249). Tidwell seeks a continuance of the trial of this matter scheduled for November 17, 2014. Tidwell's counsel represents Tidwell will file an affidavit whereby Tidwell consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Tidwell's counsel represents that gov..
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ORDER
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the motion to continue by defendant Warren Tidwell (Tidwell) (Filing No. 249). Tidwell seeks a continuance of the trial of this matter scheduled for November 17, 2014. Tidwell's counsel represents Tidwell will file an affidavit whereby Tidwell consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Tidwell's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted.
IT IS ORDERED:
1. Tidwell's motion to continue trial (Filing No. 249) is granted.
2. Trial of this matter is re-scheduled for January 5, 2015, before Senior 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 November 4, 2014, and January 5, 2015, 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
