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United States v. Costello

March 2, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES COSTELLO, 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.) Defendant's motion states that his counsel only entered his appearance on behalf of Defendant on February 15, 2006, and that the trial is currently set for March 13, 2006. (Id. at ¶¶ 1-2.) Therefore, Defendant's "[c]counsel has not had sufficient time to obtain and review discovery, as well as prepare the defense of Mr. Costello." (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, March 13, 2006 at 9:00 a.m. to Monday, May 15, 2006, at 9:00 a.m. The time from the date the original motion to continue (Doc. 12) was filed, March 1, 2006, until the date to which the trial is rescheduled, May 15, 2006, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David RHerndon United States District Judge

20060302

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