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

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Michael Dewayne Smith, ) ) Defendant ) __________________________________) United States of America,

Case No: CR 2004-00677-PHX-FJM ORDER

(Second Request)

Upon motion of the Defendant; good cause appearing; and there being no
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objections by the government;
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IT IS ORDERED that the defendant's Motion to Continue Trial and
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Motion to Extend the Deadline to File Trial and Pretrial Motions is granted pursuant to
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18 U.S.C. § 3161(h)(8)(A) and (1)(F). This court specifically finds that the ends of
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justice served by taking this action outweigh the best interest of the public and the
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defendant in a speedy trial. This finding is based on the Court's conclusion that the failure
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to grant such a continuance would unreasonably deny the defendant continuity of counsel
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and would deny the attorney for the defendant the reasonable time necessary for effective
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preparation, taking into account the exercise of due diligence. 18 U.S.C. §
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3161(h)(8)(b)(IV).
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IT IS FURTHER ORDERED continuing the Trial date of September 6,
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2006 until November 7, 2006 at 9:00 a.m.
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Case 2:04-cr-00677-FJM

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Filed 08/07/2006

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IT IS FURTHER ORDERED that the Defendant shall have to and including October 6, 2006 in which to file trial and pretrial motions. IT IS FURTHER ORDERED that the August 23, 2006 Status Conference be vacated. Excludable delay under 18 U.S.C. section 3161 (h) ______is found to commence on September 6, 2006, for a total of 63 days. DATED this 7th day of August, 2006.

Case 2:04-cr-00677-FJM

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Filed 08/07/2006

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