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United States v. Rodriguez-Barajas

United States District Court, Eighth Circuit

December 19, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
J. MERCED RODRIGUEZ-BARAJAS, et al., Defendant.

ORDER

F.A. GOSSETT, Magistrate Judge.

This matter is before the court on the unopposed defendant's motion to continue trial [60] due to a scheduling conflict. The court finds good cause being shown and the trial will be rescheduled. The defendant has complied with NECrimR 12.1(a). Note: Jury trial previously set for February 4, 2014 is rescheduled to January 28, 2014.

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

1. The jury trial now set for February 4, 2014 is rescheduled to January 28, 2014 at 9:00 a.m. as to all defendants.

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 January 28, 2014, 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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