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United States v. Smith

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


July 5, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WALTER C. SMITH, III, DEFENDANT.

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

ORDER

Now before the Court is defendant Walter C. Smith, III's Motion to Continue trial (Doc. 16). Defendant asks to continue the trial "in order to allow the defendant to adequately prepare to defend this case after receiving full disclosure of discovery and to further allow for the continuation of plea negotiations" (Id. at ¶ 4). The Government does not object. The Court being fully advised in the premises finds pursuant to 18 U.S.C. § 3161(h)(8)(A), the ends of justice served by the granting of such continuance outweighs the best interests of the public and Defendant in a speedy trial.

Therefore, the Court GRANTS Defendant's Motion to Continue (Doc. 16). The Court CONTINUES the jury trial scheduled for Monday, July 10, 2006 at 9:00 a.m. to Monday, October 2, 2006 at 9:00 a.m. The time from the date the original motion was filed, June 30, 2006, until the date to which the trial is rescheduled, October 2, 2006, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David RHerndon United States District Judge

20060705

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