United States District Court, S.D. Illinois
October 20, 2005.
UNITED STATES OF AMERICA, Plaintiff,
CARL L. PARKER, a/k/a "Boogie," ROOSEVELT TURNER, a/k/a "Rope," ANTHONY WATTS, a/k/a "D-Mac," TRAVIS NORMAN, KAREEM J. HAMILTON, TIMOTHY W EDDLE, a/k/a "Hightop," JESSE DUNCAN, ANTHONY WOM ACK, a/k/a "Bigman," "Bigs," CHARLES HUNTLEY, JOE SHARP, and CHARLES TUGGLE, Defendants.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
Before the Court is a Motion to Continue submitted by the
United States of America. (Doc. 166.) The Court, being fully
advised in the premises, finds that because (1) a superceding
indictment has been filed as of October 20, 2005 adding three
additional Defendants and removing Defendant Kunta Kinta Goree
(who has entered a guilty plea); (2) these new Defendants are
properly joined in this matter and no motion to sever has been
granted; and (3) 18 U.S.C. § 3161(h)(7) allows for "[a]
reasonable period of delay when [a] defendant is joined for trial
with a codefendant as to whom the time for trial has not run and no
motion for severance has been granted," trial should be postp
oned. Additionally, the Court finds that pursuant to
18 U.S.C. § 3161(h)(8)(A), the ends of justice served by the granting of
such a continuance outweigh the interests of the public and the
Defendants in a speedy trial. Therefore, the Court GRANTS the
government's Motion (Doc. 166) and continues the trial of all
Defendants until February 13, 2006. The time from October 20,
2005 until February 13, 2006 is excludable time for the purposes
of speedy trial.
IT IS SO ORDERED.
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