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United States v. Hernandez

United States District Court, Eighth Circuit

July 2, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
TRINO HERNANDEZ, Defendant.

ORDER

F.A. GOSSETT, Magistrate Judge.

This matter is before the court on the motion to continue trial [17] as counsel will be out of the district and in previously scheduled hearings. For good cause shown,

IT IS ORDERED that the motion to continue trial is granted, as follows:

1. The jury trial now set for July 30, 2013 is continued to August 27, 2013.

2. Defendant is ordered to file a waiver of speedy trial as soon as practicable.

3. 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 August 27, 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).


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