Opinion
8:07CR243.
September 5, 2007
ORDER
This matter is before the court on the motion for an extension of time by defendant Scott A. Hacker (Hacker) (Filing No. 19). Hacker seeks an additional time until September 18, 2007, in which to file pretrial motions in accordance with the progression order. Hacker's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted.
IT IS ORDERED:
Defendant Hacker's motion for an extension of time (Filing No. 19) is granted. Hacker is given until on or before September 18, 2007, 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 September 5, 2007 and September 18, 2007, 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).