Opinion
8:08CR84.
May 2, 2008
ORDER
This matter is before the court on the motion to continue by defendant Allen W. Jensen (Jensen) (Filing No. 38). Jensen seeks a continuance of sixty days of the trial of this matter which is scheduled for May 12, 2008. Jensen's counsel represents that Jensen will file an affidavit wherein Jensen represents that he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Upon consideration, the motion will be granted.
IT IS ORDERED:
1. Jensen's motion to continue trial (Filing No. 38) is granted.
2. Trial of this matter is re-scheduled for July 14, 2008, before Senior Judge Lyle E. Strom and a jury. 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 May 2, 2008 and July 14, 2008, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) (B).