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United States v. Blackford

United States District Court, Eighth Circuit

January 13, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
LUKE D. BLACKFORD, Defendant.

ORDER

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on the motion for an extension of time by defendant Luke D. Blackford (Blackford) (Filing No. 18). Blackford seeks an additional thirty days in which to file pretrial motions in accordance with the progression order. Blackford's counsel represents that Blackford will file an affidavit wherein he consents to the motion and acknowledges he understands the additional time may be excludable time for the purposes of the Speedy Trial Act. Blackford's counsel represents that government's counsel has no objection to the motion. Upon consideration, the motion will be granted.

IT IS ORDERED:

Defendant Blackford's motion for an extension of time (Filing No. 18) is granted. Blackford is given until on or before February 12, 2014, in which to file pretrial motions pursuant to the progression order. 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 January 13, 2014, and February 12, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel requires 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)(7)(A) & (B).


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