Opinion
8:06CR321.
June 19, 2007
ORDER
This matter is before the court on the government's Unopposed Motion to Continue Trial [43] due to the unavailability of an essential witness. For good cause shown, and after conferring with counsel,
IT IS ORDERED that defendant's Motion to Continue Trial [43] is granted as follows:
1. The above-entitled case is scheduled for a jury trial before the Honorable Laurie Smith Camp, District Court Judge, to begin Tuesday, July 24, 2007 at 9:00 a.m. in Courtroom No. 2, Third Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska; because this is a criminal case, defendant(s) must be present in person. Counsel will receive more specific information regarding the order of trial from Judge Smith Camp's staff.
2. In accordance with 18 U.S.C. § 3161(h)(8)(A), the court finds that the ends of justice will be 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 July 2, 2007 and July 24, 2007, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act, 18 U.S.C. § 3161 because an essential witness is unavailable on the previously scheduled trial date. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) (B).