Opinion
CR. No. 03-0090-S-BLW.
July 14, 2003
MEMORANDUM DECISION AND ORDER
MEMORANDUM DECISION
The Court has before it the Government's Motion for an Order Deeming Time as Excludable. Defense counsel has indicated that he has no objection to the Motion.
Defendant Salina-Tapia was arraigned on April 14, 2003, and his trial was originally set for June 2, 2003. A total of 49 days passed between those two dates.
Salina-Tapia filed a motion to continue his trial date, and the Court granted the motion, finding excludable time under the Speedy Trial Act for the period between June 2, 2003, and the new trial date of June 30, 2003.
Salinas-Tapia then signed a plea agreement on June 18, 2003, and a plea hearing was set before the United States Magistrate Judge on July 3, 2003. At that hearing, Salinas-Tapia did not plea guilty and requested additional time to determine if he should hire a new counsel. With the agreement of Salinas-Tapia, the Magistrate Judge re-scheduled the plea hearing for July 22, 2003.
The Court finds that the period of delay between June 30, 2003, and July 22, 2003, is excludable time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A). The delay was not caused by any conduct on the part of the Government, but resulted from Salina-Tapia's request for additional time to consider hiring new counsel. The failure to grant the continuance would have resulted in a substantial detriment to Salina-Tapia. Obviously, he needed more time to prepare for trial, and to consider whether to proceed with present counsel. For these reasons, the ends of justice in such a continuance outweigh the best interest of the public and the defendant in a speedy trial. In addition, the delay is excludable under 18 U.S.C. § 3161(h)(1)(I). The Court finds that 21 days remain on the Speedy Trial clock. The Court will therefore set trial for August 12, 2003, 21 days from July 22, 2003.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the period of time between June 30, 2003, and July 22, 2003, is deemed excludable time pursuant to the Speedy Trial Act, as explained above.
IT IS FURTHER ORDERED, that trial shall be set for August 12, 2003, at 1:30 p.m. in the Federal Courthouse in Boise, Idaho.