Opinion
CR20-185RSM
12-03-2021
UNITED STATES OF AMERICA, Plaintiff, v. RAYMOND WALTER MICHLIG, Defendant.
Chuan-Yi Phillip Su Attorney for the Defendant Raymond Michlig.
Chuan-Yi Phillip Su Attorney for the Defendant Raymond Michlig.
(PROPOSED) ORDER CONTINUING TRIAL AND PRE-TRIAL MOTIONS DUE DATE
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
Having considered the record and the Defendant's unopposed motion to continue the trial, the Court FINDS that for the reasons detailed in the Defendant's motion, the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A), (B)(i), (iv).
IT IS THEREFORE ORDERED that the Defendant's motion to continue the trial date and other dates is GRANTED.
The trial shall be rescheduled on May 2, 2022, and the pretrial motions deadline shall be March 28, 2022. A pretrial Conference shall be scheduled on April 18, 2022 at 10:00 a.m.
IT IS FURTHER ORDERED that the time between the date of the filing of the parties' joint motion and the new trial date is excluded in computing the time within which trial must commence because the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). Failure to grant this continuance would likely make trial impossible and result in a miscarriage of justice, and would deny counsel for the defendant and government counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Id.