U.S. v. Revord

Full title: UNITED STATES OF AMERICA, Plaintiff, v. SETH H. REVORD, Defendant

Court: United States District Court, D. Nebraska

Date published: May 9, 2007

8:07PO1 (D. Neb. May. 9, 2007)

Opinion

8:07PO1.

May 9, 2007

ORDER

F. GOSSETT, Magistrate Judge

Before the court is the government's Motion for Continuance [10] of the non-jury trial now set for May 18, 2007. A continuance is necessary to allow defendant to complete the Federal Diversion program. Upon the representation that the defendant has no objection to the continuance,

IT IS ORDERED:

1. The government's Motion for Continuance [10] is granted, and the non-jury trial of this matter is continued to May 1, 2008 at 9:00 a.m. before Magistrate Judge F.A. Gossett, Courtroom No. 6, Second Floor, Roman L. Hruska U.S. Courthouse, 111 So. 18^th Plaza, Omaha, Nebraska. Since this is a criminal case, the defendant must be present, unless excused by the Court.

2. In accordance with 18 U.S.C. § 3161(h)(A), I find that the ends of justice will be served by granting this 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 9, 2007 and May 1, 2008, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act, 18 U.S.C. § 3161, because counsel require more time to effectively prepare the case, taking into account the exercise of due diligence. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) (B).