Free Order on Motion to Continue - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, No. CR 04-1029-PHX-MHM
ORDER Re: 1st MOTION TO CONTINUE TRIAL and MOTION TO EXTEND TIME IN WHICH TO FILE PRE-TRIAL MOTIONS
(No Government Opposition) Before the Honorable Mary H Murguia

vs

JOSE MACHADO-SANCHEZ, et al., Defendants.

Defendant moved this court for a continuance Re: trial date of August 23, 2005, and to reset the same for the reason that: Defendant's counsel has to investigate the matter, review discovery with his client and thereafter prepare an adequate defense for trial. THE COURT SPECIFICALLY FINDS that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial. This finding is based upon the court's conclusion that the failure to grant such a continuance would deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 USC § 3161 (h)(1)(A). IT IS ORDERED vacating the trial date of August 23, 2005, and resetting the trial date for November 29, 2005 at 9:00 a.m. before the Honorable Mary H. Murguia. IT IS ORDERED setting the pre-trial motions deadline to October 28, 2005. /// ///

Case 2:04-cr-01029-MHM

Document 43

Filed 08/24/2005

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IT IS FURTHER ORDERED that excludable delay under 18 USC § 3161(h)(8)(B)(i) will result and that such delay is found to commence on the 16th day of August, 2005, for a total of 105 days. DATED this 22rd day of August, 2005.

Case 2:04-cr-01029-MHM

Document 43

Filed 08/24/2005

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