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U.S. v. Sam, CR17-0312-JCC. (2018)

Court: District Court, D. Washington Number: infdco20180226d84 Visitors: 13
Filed: Feb. 23, 2018
Latest Update: Feb. 23, 2018
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendant's second unopposed motion to continue the trial date and pretrial motions deadline (Dkt. No. 23). Upon consideration of Defendant's motion and waiver of speedy trial (Dkt. No. 24), the Court finds that: (a) taking into account the exercise of due diligence, a failure to grant a continuance in this case would deny counsel for the defendant the reasonable time necessary for effective preparation due t
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ORDER

This matter comes before the Court on Defendant's second unopposed motion to continue the trial date and pretrial motions deadline (Dkt. No. 23). Upon consideration of Defendant's motion and waiver of speedy trial (Dkt. No. 24), the Court finds that:

(a) taking into account the exercise of due diligence, a failure to grant a continuance in this case would deny counsel for the defendant the reasonable time necessary for effective preparation due to counsel's need for more time to review the evidence, consider possible defenses, and gather evidence material to the defense, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv); and

(b) a failure to grant such a continuance in this proceeding would likely result in a miscarriage of justice, as set forth in 18 U.S.C. § 3161(h)(7)(B)(i); and

(c) the additional time requested is a reasonable period of delay, as the defendant has requested more time to prepare for trial, to investigate the matter, to gather evidence material to the defense, and to consider possible defenses; and

(d) the ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and the defendant in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and

(e) the additional time requested between the current trial date of April 9, 2018, and the new trial date is necessary to provide counsel for the defendant the reasonable time necessary to prepare for trial, considering counsel's schedule and all of the facts set forth above; and

(f) the period of delay from the date of this order to the new trial date is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).

The Court therefore ORDERS that the trial date in this matter shall be continued from April 9, 2018 to June 11, 2018, and that pretrial motions shall be filed no later than May 4, 2018.

Source:  Leagle

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