Opinion
Criminal Case No. 05-CR-144-D.
March 6, 2006
ORDER
THIS MATTER is before the Court in connection with Defendant's Motion to Continue Trial Due to Ends of Justice, filed March 3, 2006. The Motion asserts that the ends of justice require a continuance pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and (h)(8)(B)(i), to give Defense counsel additional time to locate and subpoena witnesses, and prepare for trial. In addition, Defendant asserts that the defense investigator who will be a primary impeachment witness at trial, is not available the week of March 13, 2006, which is the week this matter is currently scheduled for trial.
I find that Defendant's request for a continuance of the Speedy Trial Act deadlines pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and (B)(i) should be granted for a period of ninety (90) days. Specifically, I find that the failure to grant such a continuance in this case which I do not find to be complex at this time would deny the Defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. I find that the ends of justice served by a (90) ninety-day continuance outweigh the best interest of the public and the Defendant in a speedy trial. In conclusion, it is
ORDERED that Defendant's Motion to Continue Trial Due to Ends of Justice, filed March 3, 2006, is GRANTED. It is
FURTHER ORDERED that the speedy trial deadlines for the trial are continued for a period of ninety (90) days. It is
FURTHER ORDERED that the trial set to commence Monday, March 13, 2006, and the trial preparation conference set for Monday, March 13, 2006, are VACATED. It is
FURTHER ORDERED that counsel shall contact Chambers on or before Friday, March 31, 2006, to reset this matter for trial.