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United States of America v. Frederick Scott Salyer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


January 9, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
FREDERICK SCOTT SALYER,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton

Courtroom: 4. 15th Floor

Date Comp. Filed: February 18, 2010

Trial Date: April 17, 2012

ORDER EXCLUDING TIME

On December 21, 2011, the Court found the time between December 21, 2011 and 2September 11, 2012 should be excluded from the calculation of time under the Speedy Trial Act 3 with respect to Counts 8-12 of the government's second superseding indictment, served on 4 August 17, 2011 [Dkt. 365]. Counts 8-12 concern alleged violations of the Sherman Antitrust 5 Act. Counsel for the government and defendant consented to the exclusion of time. 6

The exclusion of time is appropriate for two reasons. First, Counts 8-12 have been 7 severed from Counts 1-7 of the second superseding indictment. Trial on Counts 1-7 will 8 9 commence on April 17, 2012 and is expected to last multiple weeks. Consequently, exclusion of time is appropriate under 18 U.S.C. § 3161(h)(1)(B). Second, the ends of justice are also served 11 by the Court excluding the above-mentioned time. 18 U.S.C. § 3161(h)(7)(B). Failure to 12 continue the trial to September 11, 2012 would unreasonably deny the Defendant continuity of 13 counsel, whose schedule was considered when the Court set the trial date for September 11, 14 2012. 18 U.S.C. §3161(h)(7)(B)(iv). Additionally, given the complexity of Counts 8-12, failure 15 to continue the trial to September 11, 2012 would deny the parties of adequate time to prepare 16 for pretrial proceedings or the trial itself within the time limits established by the Speedy Trial 17 Act. 18 U.S.C. §3161(h)(7)(B)(ii). Therefore, the interests of justice served by granting this 18 19 continuance outweigh the best interests of the public and the Defendant in a speedy trial. 18

U.S.C. §3161(h)(7)(A).

SO ORDERED.

20120109

© 1992-2012 VersusLaw Inc.



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