Opinion
Case No. CR-02-088-E-BLW
May 22, 2002
ORDER
The Court has before Defendant's Motion to Continue Pretrial and Trial (Docket No, Not Yet Assigned). Defendant justifies the motion based on the following reasons: (1) Defendant was just arraigned several days ago and his counsel needs additional time to review the evidence, reports and other information pertinent to the case; (2) there are substantial questions about purported underlying convictions from Oregon; (3) there is a legitimate issue as to whether Defendant has a current approval notice from the Immigration and Naturalization Service and as to whether he is immediately entitled to a visa based on his marriage to a U.S. citizen spouse. The Government does not oppose the continuance.
The Court finds, after consideration of all relevant information and the circumstances of this case, that pursuant to 18 U.S.C. § 3161(h)(8)(A), the ends of justice would be best served by granting a continuance until July 1, 2002, and that the ends of justice outweigh the best interest of the public and the Defendant in having the matter brought to trial sooner. The Court further finds, pursuant to 18 U.S.C. § 3161 (h)(8)(B)(iv), that failure to grant the Defendant a reasonable continuance would deny counsel for the Defendant the reasonable time necessary to effectively prepare for trial. The Court, therefore, finds that a continuance is necessary, that a continuance until July 1, 2002, is reasonable, and that the additional time caused by the continuance is excludable pursuant to 18 U.S.C. § 3161.
Defendant has not indicated how much time he is requesting; therefore, the Court will assume a continuance until the next available trial date is sufficient.
NOW THEREFORE IT IS HEREBY ORDERED that Defendant's Motion to Continue Pretrial and Trial (Docket No. Not Yet Assigned) shall be, and the same is hereby, GRANTED. The present trial date of June 10, 2002, is VACATED and a now trial date is set for July 1, 2002, at 1:30 p.m., at the Federal Courthouse in Pocatello, Idaho. A new pre-trial conference shall be set for June 19, 2002, at 8:45 a.m.
IT IS FURTHER ORDERED that the period of time between the prior trial date and the new trial date be deemed EXCLUDABLE TIME under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A).