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

1 2 3 4 5 6 7 8 9 United States of America, 10 11 12 Robert C. Hazlett, 13 Defendant. 14 15 16 Pending before the Court is defendant Robert C. Hazlett's Second Motion to v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) CR 04-0276-PHX-SMM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ORDER

17 Continue Trial. (Dkt. 187.) After considering Defendant's Motion, the Court now issues 18 the following Order. 19 Defense counsel requests that the Court continue the trial date of October 4, 2005

20 because the parties have agreed to waive a jury trial and both parties need additional time 21 to complete briefing in connection with their request to submit this matter on the record. 22 (Id. at 1.) The facts having been clearly presented in the Motion, and the matter having 23 been considered, the Court finds that the ends of justice served by granting Defendant's 24 Motion outweigh the best interests of the public and the Defendant in a speedy trial. See 25 18 U.S.C. §3161(h)(8)(A). 26 27 Accordingly, IT IS HEREBY ORDERED GRANTING Defendant's Motion to Continue Trial

28 pursuant to 18 U.S.C. §3161(h)(8)(A). (Dkt. 187.) This Court specifically finds, pursuant
Case 2:04-cr-00276-SMM Document 188 Filed 09/30/2005 Page 1 of 2

1 to 18 U.S.C. §3161(h)(8)(A), that the ends of justice served by granting a continuance of 2 the trial date outweigh the best interest of the public and the Defendant in a speedy trial. 3 This finding is based upon the Court's finding that the parties have agreed to waive a jury 4 trial and both parties need additional time to complete briefing in connection with their 5 request to submit this matter on the record. Given the complexity of the issues to be 6 briefed, failure to grant the requested continuance would deny counsel for both parties the 7 reasonable time necessary for effective preparation, taking into account the exercise of due 8 diligence. See 18 U.S.C. §3161(h)(8)(B)(ii) and (iv). 9 IT IS FURTHER ORDERED that the trial in this case shall be continued from

10 October 4, 2005 to Friday, January 6, 2006 at 9:00 a.m. 11 IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C.

12 §3161(h)(8)(A)(B)(ii) and (iv) will commence on September 27, 2005 for a total of 101 13 days. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-00276-SMM Document 188

DATED this 29th day of September, 2005.

-2Filed 09/30/2005 Page 2 of 2