Opinion
8:08CR270.
August 12, 2008
ORDER
This matter is before the Court on the motion of defendant Juan Ramon Gaona-Lozano (Gaona-Lozano) to continue (Filing No. 16). The motion does not comply with NECrimR 12.3(a) and paragraph 9 of the Progression Order (Filing No. 11) in that the motion is not accompanied by the defendant's affidavit or declaration stating that defendant:
(1) Has been advised by counsel of the reasons for seeking an extension;
(2) Understands that the time sought by the extension may be excluded from any calculation of time under the Speedy Trial Act, 18 U.S.C. § 3161 et seq.; and
(3) With this understanding and knowledge, agrees to the filing of the motion.
Accordingly, the motion (Filing No. 16) is:
(X) Held in abeyance pending compliance with NECrimR 12.3(a) and Paragraph 9 of the Progression Order. Absent compliance on or before August 18, 2008, the motion will be deemed withdrawn and termed on the docket.
( ) Denied.