Opinion
No. CR-03-011-S-EJL
February 12, 2003
ORDER
Before the court is the defendant's motion for continuance. The trial is presently scheduled to commence on March 4, 2003. The defendant requests the continuance because discovery has only recently been received and additional time is necessary to conduct investigation. The government does not oppose the continuance.
The court finds, after a consideration of all relevant information and the circumstances of this case, that the ends of justice would be best served by the granting of the motion for continuance. The ends of justice outweigh the best Interest of the public and the defendant in having the matter brought to trial sooner. For these reason, the court finds that the defendant's motion for continuance should be GRANTED. The trial shall be RESCHEDULED to April 8, 2003, at 9:30 a.m in Boise, Idaho. The pretrial conference is RESCHEDULED to March 31, 2003, and pretrial motions must be filed on or before March 17, 2003.
Any and all period of delay resulting from the granting of this continuance, from the date of the tiling of the defendant's motion until the date of the scheduled trial, shall be excludable time pursuant to 18 U.S.C. § 3151(h)(1)(F) and (h)(8)(A), (B)(I) and (ii).