Opinion
CRIMINAL ACTION NO. 2:15-CR-249
04-14-2015
UNITED STATES OF AMERICA v. JUAN HERNANDEZ-CORTES; aka MATIZ-MACIAS
OPINION AND ORDER GRANTING UNOPPOSED MOTION FOR CONTINUANCE
On April 10, 2015, Defendant moved for a continuance of the final pretrial conference and jury selection because the United States Attorney had requested but not received discovery materials sought by the Defendant and due from the State of New York (D.E. 16). Counsel for Defendant believed review of the materials was essential to his client making an informed decision about whether to plead guilty or request a jury trial (Id.). According to the motion, the United States was not opposed to the continuance.
Having considered the Defendant's motion, the Court finds that the failure to grant a continuance in this case would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 3161(h)(7)(B)(iv). Accordingly, the Court finds that the ends of justice are served by granting a continuance in this case and outweigh the best interests of the public and Defendant in a speedy trial. 18 U.S.C. § 3161(h)(7).
The Court GRANTS the Defendant's motion (D.E. 16) and CONTINUES the final pretrial conference until Friday, May 15, 2015, at 10:00 a.m., before undersigned, and jury selection/trial until Tuesday, May 26, 2015, at 9:00 a.m., before United States District Judge John D. Rainey.
ORDERED this 14th day of April, 2015.
/s/_________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE