U.S. v. Miera

Full title: UNITED STATES OF AMERICA, Plaintiff, v. FERMIN ANTHONY MIERA, Defendant

Court: United States District Court, D. Utah

Date published: Dec 22, 2003

Case No. 2:02-CR-523 TC (D. Utah Dec. 22, 2003)

Opinion

Case No. 2:02-CR-523 TC

December 22, 2003

STEPHEN R. McCAUGHEY, Salt Lake City, Utah, for Defendant

FINDINGS AND ORDER

TENA CAMPBELL, District Judge

Based on motion of the defendant and stipulation of the plaintiff, the court enters the following;

FINDINGS

1. If defendant's motion to continue were denied it would deny the defendant continuity of counsel.

2. Counsel needs additional time to effectively prepare for trial and consult with the defendant.

3. Counsel has exercised due diligence in preparing this case.

4. The ends of justice in granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.

ORDER

It is hereby ORDERED that the trial date of January 8, 2004, be stricken and the trial continued to the 26th day ofFebruary, 2004 at 8:30 a.m.

It is further, ORDERED that the time between January 8, 2004, and the next trial date be excluded from the computation for the time for trial as described in 18 U.S.C. § 3161.