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United States v. Velasquez-Sargento

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 21, 2005

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EMIGDIO VELASQUEZ-SARGENTO, DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

This matter is before the Court on Defendant's Motion to Continue Trial Setting. (Doc. 12.) In his Motion, Defendant states that the parties have taken "substantive steps towards reaching a plea agreement," but that any agreement is not likely to be made by the time of trial, scheduled for November 21, 2005. (Id. at ¶ 2.) Additionally, the Motion asserts that counsel for Defendant will need time to review the proposed plea agreement recently submitted by the Government. (Id. at ¶ 3.) The Government does not object to Defendant's Motion. (Id. at ¶ 4.)

The Court finds that pursuant to 18 U.S.C. § 3161(h)(8)(A), the ends of justice served by the granting of such continuance outweigh the best interests of the public and Defendant in a speedy trial. Therefore, the Court GRANTS Defendant's Motion to Continue. (Doc. 12.) The Court CONTINUES the jury trial scheduled for Monday, November 21, 2005 at 9:00 a.m. to Tuesday, January 17, 2006, at 9:00 a.m. The time from the date the original motion was filed, November 17, 2005, until the date to which the trial is rescheduled, January 17, 2006, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David R Herndon United States District Judge

20051121

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