Opinion
8:23CR206
03-19-2024
UNITED STATES OF AMERICA, Plaintiff, v. ALVARO ALFERES and KATE D. CRUZ, Defendants,
ORDER
SUSAN M. BAZIS, UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on defendant Kate Cruz's Motion to Continue Trial [32] and Alvaro Alferes' Amended Unopposed Motion to Continue Trial [34]. The parties require additional time to resolve this matter short of trial. The co-defendant does not object to the continuance. For good cause shown, IT IS ORDERED that the Motion to Continue Trial [32] and the Unopposed Motion to Continue Trial [34] are granted, as follows:
1. The jury trial, as to both defendants, now set for April 2, 2024, is continued to May 28, 2024.
2. In accordance with 18 U.S.C. § 3161(h)(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendants in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between today's date and May 28, 2024, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Failure to grant a continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
3. Unopposed Motion to Continue, filing [33] is denied as moot.