Opinion
Case No. 2:04 CR 595 DKW.
December 2, 2004
G. FRED METOS, Salt Lake City, Utah, Attorney at Law.
FINDINGS AND ORDER
Based on motion of the defendant and stipulation of the plaintiff, the court enters the following:
FINDINGS
1. Counsel has recently undergone surgery and for health reasons will be unavailable for the December 13, 2004 trial date.
2. Substitute counsel could not be appointed and be prepared for trial by the December 13, 2004 trial date.
3. To enable the defendant to have continuity of counsel the December 13, 2004 trial date should be continued.
4. The ends of justice in granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.
ORDER
It is hereby ORDERED that the trial date of December 13, 2004, be stricken and the trial continued.It is further ORDERED that the time between December 13, 2004, and the next trial date be excluded from the computation for the time for trial as described in 18 U.S.C. 3161.