Opinion
8:08CR54.
May 6, 2008
ORDER
This matter is before the court on the motion to continue by defendant Phyllis Larsen (Larsen) (Filing No. 12). Larsen seeks a continuance of the trial of this matter which is scheduled for May 19, 2008. Larsen `s counsel represents that she will file an affidavit wherein she represents that she consents to the motion and acknowledges she understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Larsen's counsel represent that government's counsel has no objection to the motion. Upon consideration, the motion will be granted.
IT IS ORDERED:
1. Larsen's motion to continue trial (Filing No. 12) is granted.
2. Trial of this matter is re-scheduled for July 7, 2008, before Chief Judge Joseph F. Bataillon 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 6, 2008 and July 7, 2008, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendants' counsel require 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).