IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
February 15, 2013
UNITED STATES OF AMERICA, PLAINTIFF,
JOSSUE GABRIEL ALVA-PEREZ, DEFENDANT.
The opinion of the court was delivered by: Thomas D. Thalken United States Magistrate Judge
This matter is before the Court on the motion of defendant Jossue Gabriel Alva-Perez (Alva-Perez) for an extension of the pretrial motion deadline (Filing No. 25). The motion does not comply with NECrimR 12.1 (a) and paragraph 9 of the Progression Order (Filing No. 15) in that the motion is not accompanied by the defendant's affidavit or declaration stating that defendant:
(1) Has been advised by counsel of the reasons for seeking a continuance;
(2) Understands that the time sought by the extension may be excluded from any calculation of time under the Speedy Trial Act, 18 U.S.C. § 3161 et seq.; and
(3) With this understanding and knowledge, agrees to the filing of the motion.
Furthermore, this matter has been set for trial before Judge Gerrard and a jury on March 5, 2013 (Filing No. 23). Should Alva-Perez comply as set forth below, the trial of this matter will be canceled and a pretrial motion deadline will be set.
Accordingly, the motion (Filing No. 25) is ( X ) Held in abeyance pending compliance with NECrimR 12.1(a) and
Paragraph 9 of the Progression Order. Absent compliance on or before February 21, 2013, the motion will be deemed withdrawn and termed on the docket. ( ) Denied.
IT IS SO ORDERED.
BY THE COURT:
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