Opinion
Case No. 2:04-CR-00724DB.
August 24, 2005
BRADLEY P. RICH, Utah.
ORDER OF CONTINUANCE 18 U.S.C. § 3161(h)(8)(A)
The Court, based on motion of counsel, hereby orders that trial in this matter be continued. The Court specifically finds that the ends of justice served by continuing this matter outweigh the best interest of the public and the defendant in a speedy trial. In addition, the Court hereby determines that the period of delay caused by a continuance is excludable in computing the time within which the trial in this matter must commence pursuant to 18 U.S.C. § 3161.
The Order of Continuance, which is based on the specific factor delineated in 18 U.S.C. § 3161(h)(8)(B)(iv), is ordered because failure to grant a continuance in this case would deny the defendant and his counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that due diligence has been exercised in this matter by all parties.
Therefore, it is hereby ordered that the trial in this matter, currently set for September 12th through 15th, 2005, be continued and that a new trial be set to commence on the 7 day of November, 2005, at the hour of 8: 30 a.m./p.m.