Opinion
2:20-mj-606-VCF
02-28-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOSE CASTANEDA MURILLO, Defendant.
Thomas D. Boley, Esq. Nevada Bar No. 11061 Attorney for Defendant
Thomas D. Boley, Esq. Nevada Bar No. 11061 Attorney for Defendant
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Based upon the pending Stipulation of counsel, and good cause appearing therefor, the Court finds:
1. Counsel requires additional time to resolve the case outside of trial.
2. Parties need further time to prepare for trial.
3. Asa result, denial of this request for continuance could result in a miscarriage of justice.
4. The additional time requested is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
5. Defendant is incarcerated and consents to this continuance.
For all of the above-stated reasons, the ends of justice would best be served by a continuance of the trial date.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendants in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
The additional time requested is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code, Section 3161 (h)(7)(B)(i), (iv).
ORDER
IT IS HEREBY ORDERED that the bench trial currently scheduled for March 1, 2023, at 9:00 a.m. be vacated and continued to 4/5/2023 at 9:00 am in LV 3D before Magistrate Judge Cam Ferenbach.