Opinion
No. 3:12-00210
01-03-2013
UNITED STATES OF AMERICA v. EDUARDO CAZARES-MARRUFO
CHIEF JUDGE HAYNES
MOTION TO CONTINUE TRIAL
NOW COMES the defendant, Eduardo Cazares-Marrufo, who, throughundersigned counsel, respectfully requests that this Honorable Court enter an order granting his motion for a continuance of the trial scheduled for January 22, 2013. The reasons for this motion are set forth as follows:
1. Title 18, United States Code, Section 3161(h)(8)(A) provides, in pertinent part, that any period of delay resulting from a continuance granted on the basis of acourt's findings that the ends of justice served by the granting of a continuance outweigh the best interest of the public and the defendant in a speedy trial shall be excluded in computing the time within which the trial must commence.
2. The factors which a judge shall consider in determining whether to grant a continuance are found in subsection 3161(h)(8)(B). One such factor is whether denial of a continuance would deny counsel for the defendant "the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." Section 3161(h)(8) (iv).
3. Defendant has brought a few matters to undersigned counsel's attention which must be investigated before this case can be resolved.
4 Undersigned counsel has discussed this motion with Assistant United States Attorney Hillard H. Hester, who has authorized her to state that he has no opposition to this motion.