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United States v. Bustos-Aguirre

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


March 8, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANGEL BUSTOS-AGUIRRE, ET AL., DEFENDANTS.

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

ORDER

This matter is before the Court on defendant Quawntay Adams' Motion to Continue Trial Setting. (Doc. 206.) A jury trial for defendant Adams is currently set for March 27, 2006. Defendant Adams' counsel believes this jury trial will require more than one week to reach conclusion. (Id. at ¶ 2.) However, in his Motion, counsel states that he has a pre-existing criminal jury trial setting on April 3, 2006, in the United States District Court for the Eastern District of Missouri, which will likely not be rescheduled, and would therefore conflict with defendant Adams' current trial setting. (Id. at ¶¶ 1-2.) Therefore, counsel requests a continuance of defendant Adams' trial setting, further noting that the Government does not object to Defendant's Motion. (Id. at ¶ 2.)

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. 206.) The Court CONTINUES the jury trial scheduled for Monday, March 27, 2006 at 9:00 a.m., to Monday, June 26, 2006, at 9:00 a.m. The time from the date the original Motion to Continue (Doc. 206) was filed, March 7, 2006, until the date to which the trial is rescheduled, June 26, 2006, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David R Herndon United States District Judge

20060308

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