Opinion
Crim. No. 11-571 (KSH)
02-29-2012
UNITED STATES OF AMERICA v. GEORGE CHEEK
Form and entry consented to: ADAM N. SUEERVI Assistant U.S. Attorney JOHN YAUCH Counsel for defendant GEORGE CHEEK
Hon. Katherine S. Hayden
TRIAL CONTINUANCE ORDER
This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Adam N. Subervi, Assistant U.S. Attorney, appearing), and defendant George Cheek, John Yauch, Esq., appearing), for an order granting a continuance of the proceedings in the above-captioned matter to continue discovery, litigate motions and prepare for trial, and the defendant being aware that he has the right to have the matter brought to trial within 70 days of the date of his appearance before a judicial officer of this court pursuant to Title 18 of the United States Code, Section 3161(c)(1), and as the defendant has consented to such a continuance, and for good and sufficient cause shown,
IT IS THE FINDING OF THIS COURT that this action should be continued for the following reasons:
(1) Plea negotiations appearing to beat at an impasse, Defendant requires additional time to review discovery, research potential motions, file motions, interview witnesses and prepare for trial;
(2) As a result of the foregoing, pursuant to Title 18, United States Code, Section 3161(h)(7), the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial. WHEREFORE, on this ____ day of February, 2012,
IT IS ORDERED that this action be, and hereby is, continued for a period from the date of this Order through and including April 23, 2012; and it is further
ORDERED that the period from the date of this Order through and including April 23, 2012 shall be excludable in computing time under the Speedy Trial Act of 1974, pursuant to Title 18, United States Code, Section 3161(h)(7)(a); and it is further
ORDERED that the calender for this matter shall be revised as follows:
Defense and Government Motions shall be filed no
later than: March 12, 2012
Opposition to motions shall be filed no later
than: March 26, 2012
Reply Briefs shall be filed no later than:
April 2, 2012
Motions hearing: April 9, 2012
Trial: April 23, 2012
______________________
HON. KATHERINE S. HAYDEN
United States District Judge
Form and entry
consented to:
______________________
ADAM N. SUEERVI
Assistant U.S. Attorney
______________________
JOHN YAUCH
Counsel for defendant GEORGE CHEEK