Opinion
Case No. 05-40005-02 SAC.
December 2, 2005
ORDER FOR CONTINUANCE
NOW on this 2nd day of December, 2005, the above matter comes before the Court upon the motion of counsel for the defendant for an order continuing the jury trial currently scheduled for January 3, 2006, at 1:30 p.m., to a later date to be determined by the Court.
Counsel requests the jury trial be continued until further order of the Court. Counsel for the government, Randy Hendershot, has no objection to the continuance.
The Court, after reviewing the motion and being fully advised in the premises finds that defendant's counsel will be in a Jury Trial in Judge Wesley E. Brown's court, USA v. Anthony Romero, Case No. 05-10080-01, starting on Tuesday, December 6, 2005 and in another Jury Trial in Judge J. Thomas Marten's court, USA v. Ricky Smith, Case No. 05-10057-01, starting on Tuesday, December 13, 2005. Also, counsel for defendant Rios will be out of town for the holidays from Monday, December 19, 2005 through Monday, January 2, 2006 in Oregon. Further, counsel for defendant Rios will be attending oral arguments at the Tenth Circuit Court of Appeals in Denver, CO, from Monday, January 9, 2006 through Wednesday, January 11, 2006. Lastly, counsel for defendant Rios will be in a Jury Trial in Judge Monti Belot's court, Case No. 05-40103-01, starting on Tuesday, January 17, 2006.
The Court further finds that the period of delay resulting from the continuance granted pursuant to this order shall be excludable time as provided for in 18 U.S.C. 3161 (h)(8) in that the ends of justice served by the granting of such continuance outweigh the best interest of the public and the defendant in a speedy trial.
IT IS THEREFORE ORDERED that the motion for continuance is granted for the reasons stated in the motion and in order to adequately prepare. The status conference is rescheduled from December 15, 2005 to February 7, 2006 at 11:00 a.m. and the jury trial is rescheduled from January 3, 2006 to February 15, 2006 at 1:30 p.m. Counsel shall meet in chambers at 1:00 p.m., February 15, 2006, before the selection of the jury. The period of delay resulting from this continuance shall be excludable time pursuant to 18:3161(h) (8).