Opinion
Case No. CR01-186-S-EJL
January 24, 2002
ORDER
The Defendant Shane E. Gulley moves the Court to continue the trial of his case, presently scheduled for February 4, 2002. In an affidavit accompanying the motion, Defendant's counsel states that Defendant presently is undergoing inpatient treatment for various medical problems and is not available for purposes of trial preparation. Accordingly, Defendant's counsel states that additional time is needed to complete an investigation and prepare for trial.
Under these circumstances, the court find that without this continuance the Defendant would be prejudiced and the ability to properly prepare for trial would be impaired. Failure to grant a continuance under these circumstances would result in a miscarriage of justice. The ends of justice would best be served by the granting of the motion for continuance. The ends of justice outweigh the best interests of the public in having the matter brought to trial sooner. For these reasons, the Court finds the Defendant's motion for continuance should be GRANTED. The trial scheduled for February 4, 2002 is VACATED. The trial shall be rescheduled for April 16, 2002 at 9:30 a.m. in Boise, Idaho.
Any and all period of delay resulting from the granting of this continuance, from the date of the filing of the Defendant's motion until the date of the rescheduled trial, shall be excludable time pursuant to 18 U.S.C. § 3161 (h)(1)(A) and 18 U.S.C. § 3161 (h)(8)(A), considering the factors under 18 U.S.C. § 3161 (h)(8)(B)(i), (ii), (iv),
SO ORDERED.