Elawyers Elawyers
Washington| Change

U.S. v. Payan-Cruz, CR18-0278-JCC. (2019)

Court: District Court, D. Washington Number: infdco20190402814 Visitors: 8
Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendants Hector Payan-Cruz and Kevin Aguilar-Mendoza's unopposed motion to continue trial (Dkt. No. 44) and Defendants' speedy trial waivers (Dkt. Nos. 45-47). Having thoroughly considered the motion and the relevant record, 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 Defendants the reasonable time necessar
More

ORDER

This matter comes before the Court on Defendants Hector Payan-Cruz and Kevin Aguilar-Mendoza's unopposed motion to continue trial (Dkt. No. 44) and Defendants' speedy trial waivers (Dkt. Nos. 45-47). Having thoroughly considered the motion and the relevant record, 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 Defendants the reasonable time necessary for effective preparation, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv);

(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);

(c) this case is sufficiently complex that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the current time limits, as set forth in 18 U.S.C. § 3161(h)(7)(B)(ii); and

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

Therefore, the Court GRANTS Defendants' unopposed motion (Dkt. No. 44). Trial in the above-captioned matter is CONTINUED from April 15, 2019 to June 24, 2019 at 9:30 a.m. The Court FINDS that 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). All pretrial motions shall be filed no later than May 17, 2019.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer