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United States v. Gerbig

United States District Court, Eighth Circuit

July 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ASHLEY F. GERBIG, Defendant.

ORDER

F.A. GOSSETT, III, Magistrate Judge.

This matter is before the court on defendant's UNOPPOSED MOTION TO EXTEND FILING DEADLINE FOR PRETRIAL MOTIONS [19]. For good cause shown, I find that the motion should be granted. The defendant will be given an approximate 45-day extension. Pretrial Motions shall be filed by August 23, 2013.

IT IS ORDERED:

1. Defendant's UNOPPOSED MOTION TO EXTEND FILING DEADLINE FOR PRETRIAL

MOTIONS [19] is granted. Pretrial motions shall be filed on or before August 23, 2013.

2. The defendant is ordered to file the affidavit required by NECrimR 12.1(a) regarding speedy trial as soon as practicable.

3. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between July 9, 2013 and August 23, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel required additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. ยง 3161(h)(8)(A) & (B).


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