Opinion
8:07CR305.
November 1, 2007
ORDER
This matter is before the court on the motion to continue by defendant Fernando Raymundo (Raymundo) (Filing No. 25). Raymundo seeks a continuance of the trial of this matter for ninety days. Raymundo has submitted an affidavit wherein he represents that he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act (Filing No. 26). Raymundo's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted in part.
IT IS ORDERED:
1. Raymundo's motion to continue trial (Filing No. 25) is granted in part.
2. Trial of this matter is re-scheduled for January 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 November 1, 2007 and January 7, 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 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).