Opinion
Case No. 3:13-cr-142-2
05-09-2014
Judge Timothy S. Black
NOTICE OF CHANGE OF PLEA HEARING
This criminal case is before the Court on Defendant's Motion in which Defendant represents his intent to withdraw his not guilty plea and to enter a guilty plea pursuant to an agreement negotiated with the Government. In that regard, Defendant requests a change of plea hearing (Doc. 116), which the Court GRANTS. This case is set for a change of plea hearing on May 14, 2014 at 11:00 a.m. in Dayton Courtroom 3.
"A notice of change of plea is a motion requiring a hearing, and as a result, the time from the filing of the notice of hearing through the conclusion of the plea hearing is excludable" from speedy trial calculation. United States v. Moss, 211 F.3d 1271 (6th Cir. 2000) (citing United States v. Jenkins, 92 F.3d 430, 440 (6th Cir. 1996) (stating that "defendant's notice of intent to change plea tolls clock")); see also United States v. Mentz, 840 F.2d 315, 330-32 (6th Cir. 1988); Coviello v. United States, 287 Fed. Appx. 503, 507 (6th Cir. 2008).
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge