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U.S. v. Averill

United States District Court, E.D. California
Dec 1, 2010
Case NO. CR.S-10-0095 (E.D. Cal. Dec. 1, 2010)

Opinion

Case NO. CR.S-10-0095.

December 1, 2010

BENJAMIN B. WAGNER, United States Attorney, JARED C. DOLAN, Assistant U.S. Attorney, Sacramento, California.


Order After Hearing


ORDER

The parties appeared before the Court on Tuesday, November 16, 2010, in case number S-10-0095 LKK. At that time, based upon the representations and agreement of all counsel, the Court ordered that the case be continued to Tuesday, January 4, 2011, at 9:15 a.m., and that the time beginning November 16, 2010, and extending through January 4, 2011, was excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The exclusion of time is appropriate due to the defense counsels' need to prepare. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4. A continuance is necessary in this case in order to ensure defense counsel has a reasonable amount of time to review the evidence given the limitations imposed by Congress. It's also necessary to ensure defense counsels' effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4.

ACCORDINGLY, it is hereby ordered that this case is continued to Tuesday, January 4, 2011, at 9:15 a.m., and that the time beginning November 16, 2010, and extending through January 4, 2011, be excluded from the calculation of time under the Speedy Trial Act. The Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

IT IS SO ORDERED.

Dated: November 30, 2010


Summaries of

U.S. v. Averill

United States District Court, E.D. California
Dec 1, 2010
Case NO. CR.S-10-0095 (E.D. Cal. Dec. 1, 2010)
Case details for

U.S. v. Averill

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LESLIE DELANE AVERILL, and CAROL…

Court:United States District Court, E.D. California

Date published: Dec 1, 2010

Citations

Case NO. CR.S-10-0095 (E.D. Cal. Dec. 1, 2010)