Filed: Mar. 18, 2016
Latest Update: Mar. 18, 2016
Summary: OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE B. JANICE ELLINGTON , Magistrate Judge . On March 17, 2016, Defendant Ibarra-Pena moved for a continuance of the final pretrial conference and jury selection and trial because the Defendant and counsel had not yet had adequate time to investigate the Defendant's claim to derivative citizenship (D.E. 14). 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
Summary: OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE B. JANICE ELLINGTON , Magistrate Judge . On March 17, 2016, Defendant Ibarra-Pena moved for a continuance of the final pretrial conference and jury selection and trial because the Defendant and counsel had not yet had adequate time to investigate the Defendant's claim to derivative citizenship (D.E. 14). 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 c..
More
OPINION AND ORDER GRANTING MOTION FOR CONTINUANCE
B. JANICE ELLINGTON, Magistrate Judge.
On March 17, 2016, Defendant Ibarra-Pena moved for a continuance of the final pretrial conference and jury selection and trial because the Defendant and counsel had not yet had adequate time to investigate the Defendant's claim to derivative citizenship (D.E. 14).
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-the-record 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 and outweigh the best interests of the public and Defendant in a speedy trial.
The Court GRANTS the Defendant's motion and CONTINUES the final pretrial conference until Friday, April 29, 2016, at 10:00 a.m. before undersigned and schedules the jury selection and trial for Tuesday, May 3, 2016, at 9:00 a.m. before Hon. Nelva Gonzales Ramos.
