U.S. v. Duran

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JAMES DURAN, Defendant

Court: United States District Court, D. Utah, Northern Division

Date published: Jul 6, 2004

Case No. 1:03-CR-139 DKW (D. Utah Jul. 6, 2004)

Opinion

Case No. 1:03-CR-139 DKW.

July 6, 2004

STEPHEN R. McCAUGHEY, Salt Lake City, Utah, Attorney for Defendant.

AMENDED FINDINGS AND ORDER

BROOKE C. WELLS, Magistrate Judge (Part-time)

Based on motion of the defendant and stipulation of the plaintiff, the court enters the following;

FINDINGS

1. If defendant's motion to continue were denied it would deny the defendant continuity of counsel.

2. Counsel needs additional time to effectively prepare for trial and consult with the defendant and any potential witness(es).

3. Counsel has exercised due diligence in preparing this case.

4. The ends of justice in granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.

ORDER

It is hereby ORDERED that the trial date of July 8, 2004, be stricken and the trial continued to the 24th day of August, 2004.

It is further, ORDERED that the time between June 30, 2004, and the next trial date of August 24, 2004 be excluded from the computation for the time for trial as described in 18 U.S.C. § 3161.