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United States v. Ware

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICKY WARE AND, CHRISTIAN ROBERSON, DEFENDANTS.

ORDER CONTINUING CASE TO TRIAL DATE

ORDER

The parties appeared before the Court on Monday, December 8, 2008, in case number S-08-0239 LKK. At that time, based upon the representations and agreement of all counsel, the Court ordered the Trial Confirmation Hearing set for March 24, 2009, at 9:15 a.m., and jury trial on Tuesday, April 7, 2009, at 10:30 a.m. and that the time beginning December 8, 2008, and extending through April 7, 2009, was excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The exclusion of time is appropriate due to the defense counsels' need to prepare for trial 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4. A continuance is necessary in this case in order to ensure defense counsel has a reasonable amount of time to review the evidence given the limitations imposed by Congress. It's also necessary to ensure defense counsel's effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.

ACCORDINGLY, it is hereby ordered the Trial Confirmation Hearing set for March 24, 2009, at 9:15 a.m., and jury trial on Tuesday, April 7, 2009, at 10:30 a.m., and that the time beginning December 8, 2008, and extending through April 7, 2009, be excluded from the calculation of time under the Speedy Trial Act. The Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

IT IS SO ORDERED.

20081215

© 1992-2008 VersusLaw Inc.



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