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United States v. Lopez-Acosta

United States District Court, Eighth Circuit

January 28, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
YOHAN NOE LOPEZ-ACOSTA, EDGAR HERBERTO RODRIGUEZ-MORALES, JUAN CARLOS VARGAS-GARCIA, and CARLOS ARMANDO CORONA-SANCHEZ, Defendants.

ORDER

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on the motion for an extension of time by defendant Carlos Armando Corona-Sanchez (Corona-Sanchez) (Filing No. 57). Corona-Sanchez seeks an extension of forty-five days in which to file pretrial motions in accordance with the progression order. The court held a telephone conference with counsel on January 28, 2014. The government's counsel has no objection. Upon consideration, and for good cause shown, the motion will be granted. Furthermore, the pretrial motion deadline will be extended as to all defendants.

IT IS ORDERED:

Defendant Corona-Sanchez's motion for an extension of time (Filing No. 57) is granted. All defendants in this case are given until on or before March 10, 2014, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such a motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between January 28, 2014, and March 10, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require 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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