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United States v. Hise

February 14, 2008

UNITED STATES OF AMERICA
v.
JOHN HISE



The opinion of the court was delivered by: Leon Jordan United States District Judge

MEMORANDUM AND ORDER

This criminal defendant is before the court on his motion for a continuance of his change-of-plea hearing [doc. 573]. He says that he needs additional time to arrange his affairs before going into custody and his wife is ill. He seeks additional time to take care of his wife and his affairs. The government does not oppose a brief continuance.

The court finds the defendant's motion well taken. The court finds that the ends of justice served by a continuance outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). The failure to grant a short continuance would place undue hardship on the defendant, keeping in mind the defendant's intent to plead guilty. 18 U.S.C. § 3161(h)(8)(B)(iv). The court finds that all the time from the filing of the motion until the new plea date is excludable time within the meaning of the Speedy Trial Act. 18 U.S.C. § 3161(h)(8)(A).

Therefore, it is hereby ORDERED that the defendant's motion is GRANTED, and the hearing for the entry of the defendant's guilty plea is CONTINUED to Friday, March 28, 2008, at 9:15 a.m. in Chattanooga.

20080214

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