Opinion
Criminal No. 09-656-01
08-06-2012
LOUGHRY & LINDSAY, LLC By: Justin T. Loughry, Esquire (3473-JTL) Attorneys for Gordon McDonald
LOUGHRY & LINDSAY, LLC
By: Justin T. Loughry, Esquire (3473-JTL)
Attorneys for Gordon McDonald
Hon. Susan Wigenton
ORDER FOR CONTINUANCE
THIS MATTER having come before the Court on the application of the defendant Gordon McDonald and the United States (Helen Christodonlou and Elizabeth Prewitt, Trial Attorneys, U. S. Department of Justice, Antitrust Division, appearing) and good cause having been shown, the Court makes the following findings:
1) Defense counsel requires additional time to arrange for the entry of a plea of guilty in accordance with an agreement that the Government and Mr. McDonald have reached; the defendant's current medical condition, including prescribed medication, uncontrolled hypertension and recent evaluation for stroke, has required postponement of the plea;
2) The contemplated plea would render any trial of this matter unnecessary, and has not yet been formally entered only on account of Mr. McDonald's temporary medical condition arising from and since an automobile accident on or about March 29, 2010;
3) Defendant has consented to the aforementioned continuance;
4) The grant of a continuance will likely conserve judicial resources; and
5) Pursuant to Title 18 of the 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, IT IS, on this 6th day of August, 2012
ORDERED that, the trial in this matter be continued from May 29, 2012, until October 1, 2012, and that the period of time from May 29, 2012, until October 1, 2012, shall be excluded for the purposes of computing time under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A); and IT IS FURTHER ORDERED that:
1. Trial shall commence on October 1, 2012, at 9:30 a.m.
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Honorable Susan D. Wigenton
United States District Judge
We consent to the form and entry of this order.
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Justin T. Loughry, Esq.
Counsel for Gordon McDonald
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Helen Christodoulou, Esq.
Trial Attorney, Antitrust Division
United States Department of Justice