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U.S. v. HINOJOSA, 2:15-CR-801. (2015)

Court: District Court, S.D. Texas Number: infdco20151006763 Visitors: 9
Filed: Oct. 02, 2015
Latest Update: Oct. 02, 2015
Summary: OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE AND EXTENDING DEADLINE FOR FILING PRETRIAL MOTIONS B. JANICE ELLINGTON , Magistrate Judge . On October 1, 2015, Defendant Hinojosa moved for a continuance of the final pretrial conference and jury selection and trial dates and for an extension of the pretrial motions deadline (D.E. 20, 21) because counsel had only recently been retained and had not yet had adequate time to review the discovery and determine whether pretrial motions should b
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OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE AND EXTENDING DEADLINE FOR FILING PRETRIAL MOTIONS

On October 1, 2015, Defendant Hinojosa moved for a continuance of the final pretrial conference and jury selection and trial dates and for an extension of the pretrial motions deadline (D.E. 20, 21) because counsel had only recently been retained and had not yet had adequate time to review the discovery and determine whether pretrial motions should be filed. The United States was unopposed to the motion.

Under the Speedy Trial Act, a district court may grant a continuance and exclude the resulting delay from the time in which a trial must commence if it makes on-therecord findings that the ends of justice served by granting the continuance outweigh the public's and defendant's interests in a speedy trial. 18 U.S.C. § 3161(h)(7).

Having considered the Defendant's motion, the Court finds that the failure to grant a continuance in this case would deny counsel for the Defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Accordingly, the Court finds that the ends of justice are served by granting a continuance in this case outweigh the best interests of the public and Defendant in a speedy trial.

The Court GRANTS the Defendant's motions and CONTINUES the final pretrial conference until Friday, November 20, 2015, at 10:00 a.m. before undersigned and schedules the jury selection and trial for Monday, December 7, 2015, at 9:00 a.m. before Hon. Nelva Gonzales Ramos. The deadline for filing pretrial motions is extended to Friday, November 13, 2015.

ORDERED.

Source:  Leagle

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