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United States v. Rochin-Rochin

United States District Court, Eighth Circuit

September 16, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JAVIER ROCHIN-ROCHIN, Defendants.

ORDER

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on the motion to continue by defendant Javier Rochin-Rochin (Rochin-Rochin) (Filing No. 33). Rochin-Rochin seeks a continuance of the trial of this matter which is scheduled for September 23, 2013. Rochin-Rochin has filed an affidavit wherein Rochin-Rochin represents that he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act (Filing No. 34). Upon consideration, the motion will be granted.

IT IS ORDERED:

1. Rochin-Rochin's motion to continue trial (Filing No. 33) is granted.

2. Trial of this matter is re-scheduled for October 28, 2013, before Judge Joseph F. Bataillon and a jury. 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 September 16, 2013, and October 28, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. ยง 3161(h)(7)(A) & (B).


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