Opinion
8:07CR66.
April 4, 2007
ORDER
This matter is before the court on the motion for an extension of time by defendant Terrell Taylor (Taylor) (Filing No. 33). Taylor seeks a continuance of sixty days of the trial which is now scheduled for April 24, 2007 (Filing No. 10). Taylor has filed an affidavit wherein 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. 13). Upon consideration, the motion will be granted
The motion erroneously refers to a pretrial motion deadline. Taylor's counsel has reported to the court that the motion relates to a continuance of the trial.
IT IS ORDERED:
Defendant Taylor's motion for an extension of time (Filing No. 12) is granted. Trial of this matter is rescheduled before Judge Laurie Smith Camp and a jury on June 12, 2007. 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 April 4, 2007 and June 12, 2007, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) (B).