U.S. v. Crews

Full title: UNITED STATES OF AMERICA, Plaintiff, v. James Lee Crews D-2, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jun 1, 2009

CR. CASE NO. 08-20482 (E.D. Mich. Jun. 1, 2009)

Opinion

CR. CASE NO. 08-20482.

June 1, 2009

ORDER

SEAN COX, District Judge

For the reasons set forth on the record on May 29, 2009, IT IS ORDERED that:

1) the parties' joint Motion to Withdraw from Rule 11 Plea Agreement is GRANTED;

2) Defendant's Motion to Adjourn Sentencing as to Count III is GRANTED; Sentencing is reset for July 31, 2009 at 9:30 a.m., in Flint.

3) Defendant's Motion for a Continuance and New Trial Date of August 25, 2009 is GRANTED. IT IS ORDERED that the time between May 29, 2009, and August 25, 2009 is excludable pursuant to the provisions of the Speedy Trial Act, 18 U.S.C. § 3161, because considering the factors listed in section (h)(7)(B) and the reasons given by counsel on the record, this Court finds that the ends of justice served by this delay outweigh the best interest of the defendant and the public in a speedy trial.

IT IS FURTHER ORDERED that the parties shall each file briefs no later than June 26, 2009, addressing the following issues:

A. Whether United States v. Higgins, 557 F.3d 381 (6th Cir. 2009) applies to this case;

B. Whether the Government is entitled to a hearing to establish that the substance at issue in Counts III and/or IV of the Indictment was crack; and

C. Whether the Government is entitled to file a superceding Indictment as to Count IV after Defendant indicated that he was prepared to plead guilty to that count as originally charged.

IT IS FURTHER ORDERED that the Court will hold a Status Conference/Hearing on these issue on July 31, 2009 at 9:30 a.m. in Flint.

IT IS SO ORDERED.