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United States v. Shipe

June 10, 2008

UNITED STATES OF AMERICA
v.
STEVEN SHIPE



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 his trial [doc. 34]. Counsel for the defendant says that he is scheduled to be out of town at the time of the trial,*fn1 that additional time is needed to prepare the case for trial, and that there are objections pending to the magistrate judge's report and recommendation. The government has no objection to the motion.

The court will grant the defendant's motion. The court finds that the ends of justice served by granting the motions 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 his counsel the time necessary to complete his preparations for trial and to determine the best way to resolve this case following the entry of this court's memorandum and order on his motion to suppress evidence. 18 U.S.C. § 3161(h)(8)(B)(iv). Therefore, all the time from the filing of the defendant's motion for a continuance to the new trial 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 the trial is CONTINUED to August 19, ...


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