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United States v. Dillard

April 29, 2008

UNITED STATES OF AMERICA
v.
JOSEPH DILLARD



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

MEMORANDUM AND ORDER

This criminal case is before the court on the defendant's motion for a continuance of the trial [doc. 46]. Counsel for the defendant says that he was only recently appointed to represent the defendant and additional time is needed to complete his investigation of the case and preparation for trial or other disposition of the case. The co-defendant does not oppose the motion and the government takes no position.

The court finds the defendant's motion well-taken, and it will be granted. The court finds that the ends of justice served by granting the motion outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). The court finds that the failure to grant the defendant's motion would deny him the time necessary to complete the investigation of the charges and prepare the case for trial or other disposition. 18 U.S.C. § 3161(h)(8)(B)(iv). Therefore, all the time from the defendant's motion for a continuance to the new trial/plea date is excludable as provided by the Speedy Trial Act. 18 U.S.C. § 3161(h)(8)(A).

It is hereby ORDERED that the defendant's motion for a continuance is GRANTED, and this criminal case is CONTINUED to July 7, 2008, at 9:00 a.m.

20080429

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