Opinion
CR23-0089-JCC
06-29-2023
UNITED STATES OF AMERICA, Plaintiff, v. GERMAN HEREDIA-FELIX, AND FERNANDO MERCADO-CASTRO. Defendant.
Jesse Cantor Attorney for Fernando Mercado-Castro
Jesse Cantor Attorney for Fernando Mercado-Castro
(PROPOSED) ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DEADLINE
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
THE COURT has considered the unopposed motion of the parties to continue the trial date and pretrial motions deadline and finds that:
(a) taking into account the exercise of due diligence, a failure to grant a continuance in this case would deny counsel for the defendants the reasonable time necessary for effective preparation due to counsel's need for more time to review the evidence, consider possible defenses, and gather evidence material to the defense, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv); and
(b) a failure to grant such a continuance in this proceeding would likely result in a miscarriage of justice, as set forth in 18 U.S.C. § 3161(h)(7)(B)(i); and
(c) the additional time requested is a reasonable period of delay, as the defendants have requested more time to prepare for trial, to investigate the matter, to gather evidence material to the defense, and to consider possible defenses; and
(d) the ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and the defendants in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and
(e) the additional time requested between the current trial date of August 7, 2023, and the new trial date is necessary to provide counsel for the defendant the reasonable time necessary to prepare for trial, considering counsel's schedule and all of the facts set forth above; and
(f) the period of delay from the date of this order to the new trial date is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).
IT IS THEREFORE ORDERED that the trial date in this matter for all defendants shall be continued to January 22, 2024, and that pretrial motions shall be filed no later than December 8, 2023.