Opinion
No. CR 00-552 JP
February 1, 2002
ORDER
On January 31, 2002, Defendant filed a motion to vacate the current trial setting of March 11, 2002. Counsel for Defendant will be attending Criminal Public Defender annual training in Philadelphia, Pennsylvania from March 13, 2002 through March 15, 2002.
Having considered the matters raised by the motion to continue trial setting, I find that there is insufficient time to prepare for a trial beginning March 11, 2002. Consequently, the trial setting of March 11, 2002 should be vacated and trial should be rescheduled s the first case on the trailing calendar beginning June 10, 2002 at 8:30 a.m. in Albuquerque, New Mexico. I find under 18 U.S.C. § 3161(h)(8)(A) that the ends of justice served by granting the motion to continue the trial from March 11, 2002 to June 10, 2002 outweigh the best interests of the public and the defendant in a speedy trial, because denial of the motion would result in a miscarriage of justice by denying the parties adequate time to prepare for trial. Continuance of the trial from March 11, 2002 to June 10, 2002 does not result from congestion of the Court's docket; instead, continuance is required for the reasons stated above.
IT IS THEREFORE ORDERED THAT:
1. The unopposed motion of Defendant to vacate the March 11, 2002 trial setting is granted and trial is rescheduled as the first case on the trailing calendar beginning June 10, 2002; and
2. The time between March 11, 2002 and June 10, 2002 is excluded for purposes of the Speedy Trial Act, 18 U.S.C. § 3161 et seq.