Opinion
Cr. No. 09-2968 RB.
July 7, 2010
MEMORANDUM OPINION AND ORDER
THIS MATTER came before the Court on Defendant's Motion to Designate Case as Complex (Doc. 155) and Defendant's Motion to Continue Trial and Toll Speedy Trial Computations. (Doc. 156.) Having concluded that Defendant already obtained his requested relief, the Court hereby denies Defendant's motions as moot.
I. Background
II. Analysis
18 U.S.C. 3161
Accordingly, the primary concern addressed by 18 U.S.C. 3161(h)(7)(B)(ii), that a defendant have sufficient time to adequately prepare his case, has been resolved. In his motion to continue the trial, Defendant requested a continuance of at least ninety days. This would have resulted in an approximate trial date of July 19, 2010. As the trial has already been continued past this date, there does not appear to be any reason to further continue the trial. At a status conference on June 10, 2010 (Doc. 209), the Court inquired whether, in light of the developments in the case, Defendant's motion to declare the case complex could be decided on the existing briefs. The parties agreed that this issue could be resolved on the existing briefs, and Defendant did not indicate that a continuance beyond the ninety days requested in his motion was necessary. Consequently, the Court concludes that declaring the case complex at this point and further delaying trial is unnecessary, as Defendant has already obtained his requested relief.
WHEREFORE,
IT IS HEREBY ORDERED that Defendant's Motion to Designate Case as Complex (Doc. 155) and Defendant's Motion to Continue Trial and Toll Speedy Trial Computations (Doc. 156) are DENIED AS MOOT.