USA v. Fitzgerald
Criminal

District of Nebraska, ned-8:2005-cr-00209-34967

ORDER - Defendant's unopposed motion to continue, filing {{16}}, is granted, and 1. Trial of this matter is continued to 9:00 a.m., September 24, 2007 for a duration of three days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. 2. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the def endant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between July 9, 2007 and September 24, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) & (B) as to Damon E. Fitzgerald (1).Ordered by Magistrate Judge David L. Piester.

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8:05-cr-00209-RGK-DLP Doc # 17 Filed: 07/09/07 Page 1 of 1 - Page ID # 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,)) 8:05CR209 v.)) DAMON E. FITZGERALD,)) ORDER Defendant.)) IT IS ORDERED: Defendant's unopposed motion to continue, filing 16, is granted, and 1. Trial of this matter is continued to 9:00 a.m., September 24, 2007 for a duration of three days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. 2. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between July 9, 2007 and September 24, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) & (B). DATED this 9th day of July, 2007. BY THE COURT: s/ David L. Piester David L. Piester United States Magistrate Judge