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

(First Request)

Upon motion and amended motion of the Defendant; good cause appearing;
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and there being no objections by the government;
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IT IS ORDERED that the defendant's Motion to Continue Trial and Motion to
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Extend the Deadline to File Trial and Pretrial Motions is granted pursuant to 18 U.S.C. §
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3161(h)(8)(A) and (1)(F). This court specifically finds that the ends of justice served by
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taking this action outweigh the best interest of the public and the defendant in a speedy
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trial. This finding is based on the Court's conclusion that the failure to grant such a
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continuance would unreasonably deny the defendant continuity of counsel and would
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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 June 27, 2006 until
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September 6, 2006 at 9:00 a.m.
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///
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Case 2:04-cr-00677-FJM

Document 10

Filed 05/26/2006

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IT IS FURTHER ORDERED that the Defendant shall have to and including August 4, 2006 in which to file trial and pretrial motions. Any excludable delay under 18 U.S.C. section 3161 (h) _____is found to commence on June 27, 2006, for a total of 72 days. DATED this 25th day of May, 2006.

Case 2:04-cr-00677-FJM

Document 10

Filed 05/26/2006

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