U.S. v. Wood

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JASON PAUL WOOD and CHRISTOPHER…

Court: United States District Court, D. South Dakota, Southern Division

Date published: Sep 25, 2007

CR 07-40090 (D.S.D. Sep. 25, 2007)

Opinion

CR 07-40090.

September 25, 2007

ORDER

LAWRENCE PIERSOL, Chief District Judge

Counsel for Defendant Christopher James Austad has filed a Motion for Continuance, Doc. 20, requesting the Court to continue the dates currently in force for pre-trial motions, motion hearing, plea deadline, and jury trial be continued for a period of thirty (30) days, and after consideration of the file in this matter, the Court finds that failure to grant the continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence and further that failure to grant the continuance would deny the public interest in bringing this case to trial in an orderly fashion. Further, the Court finds that the ends of justice served by continuing this trial outweigh the best interests of the public and the Defendants in a speedy trial. For all of those reasons as well as those set forth in the Motion,

IT IS ORDERED:

1. That Defendant Christopher James Austad's Motion for Continuance, Doc. 20, is granted.

2. That all other motions as to Defendants herein be filed and served on or before October 23, 2007; that opposing counsel respond thereto on or before October 30, 2007; and that a hearing thereon will be held before The Honorable John E. Simko, in Sioux Falls, South Dakota, on Tuesday, November 6, 2007, at 10:00 A.M.; and the Court will not consider a stock motion for leave to file further motions, however, the Court will consider a motion filed by a party after the deadline if the party can show good cause as to why the motion was late filed.

3. That November 8, 2007, is hereby set as the deadline for submission to the Court of any proposed plea agreement.

4. That all motions in limine shall be in writing and filed, together with proposed instructions, with the Court ten (10) working days before trial.

5. That the jury trial herein for all Defendants shall commence in Sioux Falls, South Dakota, on Tuesday, December 11, 2007, with counsel to be present for motions in limine at 9:00 A.M., and with the jury to report at 9:30 A.M.

6. That the period of delay resulting from such continuance is excluded in computing the time within which the trial of the offense for the Defendants must commence, as the Court finds that the ends of justice served by taking such action outweigh the best interests of the public and the Defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).