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U.S. v. FOX, CR16-100RSL. (2016)

Court: District Court, D. Washington Number: infdco20160520728 Visitors: 8
Filed: May 17, 2016
Latest Update: May 17, 2016
Summary: ORDER CONTINUING TRIAL DATE AND PRETRIAL MOTIONS DUE DATE ROBERT S. LASNIK , District Judge . This matter comes before the Court on defendants' motion to continue the trial date and pretrial motions due date. Dkt. # 23. Although the motion was styled as an "unopposed joint" motion, the government submitted a brief in response that clarified the points with which it agreed. Dkt. # 25. Having considered the parties' briefs and the remainder of the record, the Court incorporates by reference t
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ORDER CONTINUING TRIAL DATE AND PRETRIAL MOTIONS DUE DATE

This matter comes before the Court on defendants' motion to continue the trial date and pretrial motions due date. Dkt. # 23. Although the motion was styled as an "unopposed joint" motion, the government submitted a brief in response that clarified the points with which it agreed. Dkt. # 25. Having considered the parties' briefs and the remainder of the record, the Court incorporates by reference the facts set forth in defendants' motion and finds as follows:

1. A failure to grant the requested continuances would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, within the meaning of 18 U.S.C. § 3161(h)(7)(B)(iv).

2. In addition, the failure to grant a continuance would result in a miscarriage of justice, as contemplated under 18 U.S.C. § 3161(h)(7)(B)(i).

3. The ends of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

IT IS THEREFORE ORDERED that the trial date in this matter is continued from June 20, 2016, to October 31, 2016 at 9:00 a.m. All pretrial motions, including motions in limine, shall be filed no later than August 29, 2016. Responses shall be filed no later than September 26, 2016.

IT IS FURTHER ORDERED that the period of time from the date of this order through the new trial date of October 31, 2016, shall be excludable time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, et seq.

Source:  Leagle

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