USA v. Lopez Cazares, et al.

District of Nebraska, ned-8:2005-cr-00162-34798

ORDER granting {{257}} Motion to Continue Trial as to Ruben Lopez Cazares (1) and Hilario Felix (4). Jury Trial continued to 3/6/2007 at 8:30 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. Ordered by Magistrate Judge F. A. Gossett. Modified on 1/19/2007: The time between 1/23/2007 and 3/6/2007 is excluded under the Speedy Trial Act.

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8:05-cr-00162-LSC-TDT Doc # 258 Filed: 01/19/07 Page 1 of 1 - Page ID # 1419 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,)) 8:05CR162 vs.)) ORDER RUBEN LOPEZ CAZARES and) HILARIO FELIX,)) Defendants.) For good cause shown, IT IS ORDERED that the parties' JOINT MOTION TO CONTINUE TRIAL [257] is granted, as follows: 1. The jury trial before the Honorable Laurie Smith Camp, District Court Judge, is continued from January 23, 2007 to March 6, 2007 at 8:30 a.m. in Courtroom No. 2, Third Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska; because this is a criminal case, defendant(s) must be present in person. 2. In accordance with 18 U.S.C. § 3161(h)(A), I find that the ends of justice will be served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between January 23, 2007 and March 6, 2007, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act, 18 U.S.C. § 3161, because counsel require more time to effectively prepare the case, taking into account the exercise of due diligence. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) & (B). DATED January 19, 2007. BY THE COURT: s/ F.A. Gossett United States Magistrate Judge