Opinion
No. 3:12-CR-097
11-02-2012
MEMORANDUM AND ORDER
This criminal case is before the court on the defendant's motion for a continuance of his November 8, 2012 trial date [doc. 13]. Therein, the defendant states that his counsel needs additional time to prepare for trial. The government has filed no opposition to the motion.
The court finds the motion well-taken, and it will be granted. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). In light of the reasoning set forth by the defendant, the court finds that the failure to grant the motion would deny defense counsel the reasonable time necessary for effective preparation. 18 U.S.C. § 3161(h)(7)(B)(iv). The motion requires a delay in the proceedings. Therefore, all the time from the filing of the motion to the new trial date is excludable as provided by the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A).
It is hereby ORDERED that the defendant's motion [doc. 13] is GRANTED, and this criminal case is CONTINUED to Tuesday, February 12, 2013, at 9:00 a.m. The new plea cutoff date is January 29, 2013.
ENTER:
Leon Jordan
United States District Judge