Opinion
8:08CR413.
December 30, 2008
ORDER
This matter is before the court on the motion for an extension of time by defendant Brian McGuire (McGuire) (Filing No. 19). McGuire seeks additional time in which to file pretrial motions in accordance with the progression order (Filing No. 13). Upon consideration, the motion will be granted.
IT IS ORDERED:
Defendant McGuire's motion for an extension of time (Filing No. 19) is granted. McGuire is given until on or before February 5, 2009, 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 December 30, 2008 and February 5, 2009, 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).