Opinion
Criminal Case No. 10-cr-00317-REB-01
09-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. CURTIS L. MORRIS, and 2. RICHARD KELLOGG ARMSTRONG, Defendants.
Judge Robert E. Blackburn
ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
(18 U.S.C. § 3161(h)(1))
Blackburn, J.
The matter is before me sua sponte to consider the exclusion of time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74 (the Act). Based on the analysis below, I exclude the time from the hearing on September 21, 2011, to the date of the status conference now set for October 18, 2011, a period of 27 days, from the computation of time for a speedy trial under the Act.
On September 21, 2011, I held a hearing on the issues raised by and inherent to the Motion To Withdraw as Counsel for Curtis L. Morris [#287] filed September 8, 2011, which motion Mr. Morris supported. At the conclusion of the hearing, I denied the motion and rehearsed for the benefit of Mr. Morris his three options: (1) continue with Ms. Wayne as his attorney; (2) retain private counsel in time for a trial anticipated to be held in December, 2011; or (3) proceed pro se. In fairness to Mr. Morris, I continued the proceedings until October 18, 2011, to allow Mr. Morris a reasonable time to consider his options.
In these circumstances, I find and conclude that the delay between the hearing on September 21, 2011, and the related status conference on October 18, 2011, constitutes a "period of delay resulting from proceedings concerning the defendant" within the meaning of 18 U.S.C. § 3161(h)(1). Thus, this period should be excluded under the Act.
THEREFORE, IT IS ORDERED that the time from the hearing on September 21, 2011, to the date of the status conference now set for October 18, 2011, a period of 27 days, SHALL BE EXCLUDED under 18 U.S.C. § 3161(h)(1) from the time for a speedy trial under the Speedy Trial Act of 1974.
The exclusion of this period in no way affects the exclusion of some or all of this same time or additional time under other provisions of the Act, e.g., § 3161(h)(1)D) (delay resulting from pretrial motions.)
Dated September 27, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge