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U.S. v. ACUNA, 8:17CR210. (2017)

Court: District Court, D. Nebraska Number: infdco20171016a18 Visitors: 16
Filed: Oct. 13, 2017
Latest Update: Oct. 13, 2017
Summary: ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on Defendant Acuna's Unopposed Motion to Continue Trial [45], the Amended Motion to Continue Trial [49] and Defendant Rodriguez's Unopposed Motion to Continue Trial Date [47]. Counsel advises that plea negotiations are ongoing and additional time is needed to negotiate a plea. Defendant Acuna has complied with NECrimR 12.1(a). Defendant Rodriguez shall comply with NECrimR 12.1(a). For good cause shown, IT IS ORDERED
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ORDER

This matter is before the court on Defendant Acuna's Unopposed Motion to Continue Trial [45], the Amended Motion to Continue Trial [49] and Defendant Rodriguez's Unopposed Motion to Continue Trial Date [47]. Counsel advises that plea negotiations are ongoing and additional time is needed to negotiate a plea. Defendant Acuna has complied with NECrimR 12.1(a). Defendant Rodriguez shall comply with NECrimR 12.1(a). For good cause shown,

IT IS ORDERED that the defendant's Unopposed Motion to Continue Trial [45] is denied as moot. The Amended Motion to Continue Trial [49] and Motion to Continue Trial Date [47] are granted as follows:

1. The jury trial, as to both defendants, now set for October 17, 2017 is continued to January 9, 2018.

2. Defendant Rodriguez shall file an affidavit required by paragraph 9 of the progression order and NE.CrimR 12.1(a) forthwith.

3. In accordance with 18 U.S.C. § 3161(h)(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between today's date and January 9, 2018, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Failure to grant a continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

Source:  Leagle

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