Opinion
Case No. 2:06-CR-712 TS.
January 2, 2007
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO CONTINUE TRIAL AND EXCLUDING TIME
Based upon the Defendant's Motion to Continue, the Court finds as follows: The requested continuance is required to allow sufficient time for discovery that is expected to be voluminous and time to review said discovery. The government has no objection to the continuance. To deny the Motion would deprive Defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The ends of justice served by granting this continuance outweigh the best interest of the public and defendant in a speedy trial. 18 U.S.C. § 3161(8)(A). Moreover, the court finds that the defendant's request for additional time is reasonable and justifies his motion for a continuance. It is therefore
ORDERED that Defendant's Motion to Continue Trial (Docket No. 34) is GRANTED. It is further
ORDERED that the jury trial set to begin on February 8, 2007, is VACATED. It is further
ORDERED that a final pretrial conference is set for April 10, 2007, at 2:00 p.m. A four-day jury trial shall begin on April 30, 2007, 2007, at 8:30 a.m. It is further
ORDERED that time from February 8, 2007, through the date of the new trial shall be excluded in computing the time under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8).