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United States v. Garcia

United States District Court, D. Nebraska

March 7, 2014

UNITED STATES OF AMERICA, Plaintiffs,
v.
CHARLES V. GARCIA, JR., Defendant.

ORDER

F.A. GOSSETT, III, Magistrate Judge.

This matter is before the court on defendant's MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL MOTIONS [56]. For good cause shown, I find that the motion should be granted. The defendant will be given an approximate 63-day extension. Pretrial Motions shall be filed by May 12, 2014.

IT IS ORDERED:

1. Defendant's MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL MOTIONS [56] is granted. Pretrial motions shall be filed on or before May 12, 2014.

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 March 10, 2014 and May 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 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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