Opinion
No. 2:03 CR 828 DAK.
June 3, 2004
ORDER
Based upon the motion of the government, and for good cause appearing, the court enters the following:
FINDINGS
1. Counsel for the government will be out of the office and out of the State from June 14, 2004 through July 26, 2004;
2. There is insufficient time to allow other counsel for the government reasonable time necessary for effective preparation for trial;
3. To date, thirty three (33) days have expired pursuant to the provisions of 18 U.S.C. § 3161, the Speedy Trial Act;
4. The government would be denied continuity of counsel and reasonable time necessary for effective preparation;
5. The ends of justice in granting a continuance outweigh the best interests of the public in a speedy trial. IT IS HEREBY ORDERED, based upon the foregoing reasons, that the trial date of July 6, 2004, be stricken and the matter continued to August 30, 2004, at 8:30 a.m.
IT IS FURTHER ORDERED that the time between July 6, 2004 and the date of the next trial be excluded from the computation of time pursuant to 18 U.S.C. § 3161(h)(8)(A), (B)(iv).