Opinion
CR21-110RAJ
10-16-2023
UNITED STATES OF AMERICA, Plaintiff, v. CHRISTERFER FRICK, Defendant.
PAULA T. OLSON, ATTORNEY FOR DEFENDANT CHRISTERFER FRICK MICHAEL DION DAVID MARTIN ASSISTANT U.S. ATTORNEYS
PAULA T. OLSON, ATTORNEY FOR DEFENDANT CHRISTERFER FRICK
MICHAEL DION DAVID MARTIN ASSISTANT U.S. ATTORNEYS
ORDER GRANTING DEFENDANT'S MOTION TO CONTINUE TRIAL DATE
RICHARD A. JONES JUDGE
THIS MATTER comes before the court for oral argument of Defendant Christerfer Frick's Motion for a Continuance of the Trial Date. The court has considered the arguments in support of and in opposition to the motion and the file herein.
The court finds that the defendant needs additional time to recover from a new medical issue to the extent he is again able to assist his attorneys in the preparation for trial.
Based upon the findings of fact set forth by the Court at today's hearing, which are hereby incorporated by reference, the Court concludes that a continuance is warranted under 18 USC §3161(h)(4). Further, the ends of justice served by a continuance of this matter from November 6, 2023 outweighs the best interests of the public and the defendant in a speedy trial pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). Proceeding to trial absent adequate time for the defense to prepare could result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B)(i). Taking into account the exercise of due diligence, a continuance is necessary to allow the defendant the reasonable time for effective preparation for her defense. 18 U.S.C. § 3161(h)(7)(B)(iv).
Therefore, it is hereby
ORDERED that the Defendant Christerfer Frick's Motion to Continue the Trial Date is GRANTED. The Trial Date is continued to January 29, 2024.
It is further
ORDERED that the time from the current trial date of November 6, 2023, until the new trial date of January 29, 2024 shall be excluded in counting the time within which trial of this case must commence pursuant to 18 U.S.C. § 3161(h)(7).