Opinion
Case No. CR-03-090-S-BLW.
May 19, 2003
ORDER
The Court has before it the Defendant's Unopposed Motion to Continue (Docket No. 9). Defense counsel represents that he needs additional time to investigate the facts of this case and prepare for trial.
The Court finds, after consideration of all relevant information and the circumstances of this case, that pursuant to 18 U.S.C. § 3161(h)(8)(A), the ends of justice would be served by granting a continuance until June 30, 2003, and that the ends of justice outweigh the best interests of the public and Defendant in having this matter brought to trial sooner. The Court further finds that, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv), that the failure to grant this continuance would deny Defendant the reasonable time necessary for effective preparation for trial. The Court therefore finds that a continuance is necessary, that a continuance until June 30, 2003, is reasonable, and that the additional time caused by the continuance is excludable pursuant to 18 U.S.C. § 3161.
NOW THEREFORE IT IS HEREBY ORDERED that the Motion for Continuance (Docket No. 9) is GRANTED, the present trial date is vacated and the trial is reset for June 30, 2003, at 1:30 p.m.
IT IS FURTHER ORDERED that the period of time between the prior trial date and the new trial date be deemed EXCLUDABLE TIME under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A).
IT IS FURTHER ORDERED that a pretrial conference shall be held on June 18, 2003, at 4:00 p.m.
IT IS FURTHER ORDERED that the deadline for filing pretrial motions is extended to May 28, 2003.