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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Plaintiff, ) NO. CR-04-929-PHX-NVW ) v. ) ORDER ) ) RUDY S. ROCHA, ) ) Defendant ) ___________________________________ )

UNITED STATES OF AMERICA,

This Court having read and considered Defendants' Motion to Continue, and good cause appearing therefore, IT IS HEREBY ORDERED granting defendant's Motion to Continue Trial pursuant to 18 U. S. C. § 3161(h)(8)(A) and (1)(F). This 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 U.S.C. § 3161(h)(8)(B)(iv). IT IS FURTHER ORDERED the trial currently scheduled for January 3, 2006, be

Case 2:04-cr-00929-NVW

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reset for February 7, 2006 at 9:00 a.m. IT IS FURTHER ORDERED vacating the status hearing set 12/19/05. IT IS HEREBY ORDERED that excludable delay under Title 18 U.S.C. 3161 will commence on 1/3/06 for a total of 35 days.

DATED this 15th day of December, 2005.

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Case 2:04-cr-00929-NVW

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