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United States of America v. Victor Acero

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA


May 16, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
VICTOR ACERO, DEFENDANT.

The opinion of the court was delivered by: F.A. Gossett United States Magistrate Judge

ORDER

This matter is before the court on the motion to continue trial [58] as counsel needs additional time to investigate the case and discuss a resolution. Counsel also informs the court he will be out of the country the month of June. The government has filed an objection to the continuance [60] The defendant has complied with NECrimR 12.1(a). For good cause shown,

IT IS ORDERED that the objection to continue trial [60] is denied and the motion to continue trial [58] is granted, as follows:

1. The jury trial now set for June 4, 2013 is continued to July 23, 2013.

2. In accordance with 18 U.S.C. § 3161(h)(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between today's date and July 23, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Failure to grant a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

BY THE COURT:

20130516

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