Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 On August 23, 2005 the Defendant filed a Motion to Dismiss 13 Indictment Due to Misconduct Occurring before the Grand Jury. [Dkt. 14 65]. The Court met with the parties on August 24, 2005 and discussed 15 a briefing schedule for the motion as well as setting the matter for 16 argument. A discussion was held with respect to continuing the August 17 30, 2005 trial date. There being no objection by the parties to 18 continuing the trial date pending resolution of the pending motion, 19 Accordingly, 20 IT IS FURTHER ORDERED setting the Defendant's Motion to Dismiss 21 Indictment Due to Misconduct Occurring before the Grand Jury [Dkt. 22 65], which is fully briefed. 23 2005 at 1:30 p.m. 24 This Court specifically finds that the ends of justice served 25 by taking this action outweigh the best interest of the public and 26 the defendant in a speedy trial. 27 Court's conclusion that the failure to grant such a continuance would 28 This finding is based on the for hearing on Thursday, September 15, vs. Eric Miguel, Defendant. United States of America, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) CR 04-1289-PHX-EHC O R D E R IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:04-cr-01289-EHC

Document 71

Filed 09/14/2005

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unreasonably deny the defendant continuity of counsel and would deny the attorney for defendant the reasonable time necessary for

effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161 (h)(1)(F);(h)(8)(A) and (B)(i)(ii)(iv). IT IS FURTHER ORDERED vacating the August 30, 2005 trial, resetting the matter for Tuesday, October 18, 2005, in Phoenix, Arizona, at 9:00 a.m. IT IS FURTHER ORDERED that excludable time is found to exist between August 24, 2005 and October 18, 2005, pursuant to the provisions of 18 U.S.C. § 3161(h)(1)(F);(h)(8)(A)and

(h)(8)(B)(i)(ii)(iv) for a total of 56 days.

DATED this 9th day of September 2005.

Case 2:04-cr-01289-EHC

Document 71

-2Filed 09/14/2005

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