Opinion
No. CR 06-656-TUC-FRZ (BPV).
May 19, 2006
ORDER
Re: Continuance of trial
This matter is presently set for trial on May 30, 2006. The Defendant filed a motion to continue and for the reasons set forth therein additional time is required to adequately prepare for trial. The Government and co-defendant have no objection to a continuance.
The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial because, for the reasons set forth in the motion, failure to grant the continuance is likely to result in a miscarriage of justice if the defendant(s) are required to go to trial on the present trial date.
IT IS ORDERED as follows:
1. THE DATE BY WHICH THE REFERRED MAGISTRATE JUDGE HEARS THE CHANGE OF PLEA MUST BE NO LATER THAN June 23, 2006 by 3:00 p.m.
2. That this matter is RESET for trial on July 5, 2006 at 9:00 a.m. Counsel are to be present at 9:00 a.m. Jury selection will commence on June 30, 2006 at 10:00 a.m.
Excludable delay under 18 U.S.C. § 3161(h)(8) is found to begin on May 31, 2006 and end on July 5, 2006. Such time shall be in addition to other excludable time under the Speedy Trial Act and shall commence as of the day following the day that would otherwise be the last day for commencement of trial.
4. That any and all subpoenas previously issued shall remain in full force and effect through the new trial date.
5. Any motion or stipulation to continue the scheduled trial date and change of plea hearing deadline shall be filed with the Clerk of Court no later than 5:00 p.m. Monday, June 26, 2006.