U.S. v. STANLEY, 2:14-CR-048. (2014)
Court: District Court, E.D. Tennessee
Number: infdco20140703g06
Visitors: 7
Filed: Jul. 02, 2014
Latest Update: Jul. 02, 2014
Summary: MEMORANDUM AND ORDER LEON JORDAN, District Judge. The defendant moves for a continuance of his trial date [doc. 42], citing the need for additional time to conduct plea negotiations. The defendant also cites the unavailability of both defense counsel and government counsel. The court finds the motion well-taken, and it will be granted. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C
Summary: MEMORANDUM AND ORDER LEON JORDAN, District Judge. The defendant moves for a continuance of his trial date [doc. 42], citing the need for additional time to conduct plea negotiations. The defendant also cites the unavailability of both defense counsel and government counsel. The court finds the motion well-taken, and it will be granted. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C...
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MEMORANDUM AND ORDER
LEON JORDAN, District Judge.
The defendant moves for a continuance of his trial date [doc. 42], citing the need for additional time to conduct plea negotiations. The defendant also cites the unavailability of both defense counsel and government counsel.
The court finds the motion well-taken, and it will be granted. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). In light of the reasoning set forth by the defendant, the court finds that the failure to grant the motion would deny the defense reasonable time necessary for effective preparation. 18 U.S.C. § 3161(h)(7)(B)(iv). Additionally, the unavailability of counsel would make trial impossible on the date currently scheduled. 18 U.S.C. §3161(h)(7)(B)(i). The motion requires a delay in the proceedings. Therefore, all the time from the filing of the motion to the new trial date is excludable as provided by the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A).
It is hereby ORDERED that the defendant's motion [doc. 42] is GRANTED, and this criminal case is CONTINUED from July 23, 2014, to Wednesday, October 15, 2014, at 9:00 a.m. (a date requested by the defendant). The new plea cutoff date is October 1, 2014.
IT IS SO ORDERED.
Source: Leagle
