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United States v. Dillard

July 8, 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 came before the court for a hearing on July 8, 2008, on the motion of counsel for the defendant seeking to withdraw due to a recently discovered conflict of interest [doc. 53]. For the reasons stated in the motion and the reasons discussed in court, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Attorney Michael McGovern is APPOINTED to represent the defendant in any further proceedings related to this criminal case.

Due to the necessity of appointing new counsel on the eve of the trial date, the parties agreed that the trial of this criminal case will have to be continued. Mr. McGovern will necessarily require some time to investigate the case and prepare to represent the defendant on the charges. The government has no objection to the continuance. 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 his counsel the time necessary to investigate the case and prepare the case for trial. 18 U.S.C. § 3161(h)(8)(B)(iv). Therefore, all the time from the appointment of Mr. McGovern and the oral 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 trial of this criminal case is CONTINUED to November 17, 2008, at 9:00 a.m.

20080708

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