Opinion
8:07CR386.
January 3, 2008
ORDER
This matter is before the court on the motion for an extension of time by defendant Salvador Catalan-Casiano (Catalan-Casiano) (Filing No. 11). Catalan-Casiano seeks until January 22, 2008, in which to file pretrial motions in accordance with the progression order (Filing No. 7). Catalan-Casiano's counsel represents that Catalan-Casiano will file an affidavit wherein he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Upon consideration, the motion will be granted.
IT IS ORDERED:
Defendant Catalan-Casiano's motion for an extension of time (Filing No. 11) is granted. Catalan-Casiano is given until on or before January 22, 2008, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between December 31, 2007 and January 22, 2008, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel requires additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) (B).