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United states v. Hamilton

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


November 6, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GIGIMAN HAMILTON AND ROHAN G. HERON, DEFENDANTS.

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

ORDER

Before the Court are defendant Heron's motion to continue (Doc. 65) the scheduled hearing on his motion to suppress evidence (Doc. 32). Also before the Court is defendant Hamilton's motion to withdraw his motion to suppress (Doc. 66). Both of the motions are based on the fact that the defendants are in the process of attempting to resolve the case with the government.

Upon review of the record, the Court GRANTS defendant Hamilton's motion to withdraw and defendant Hamilton's motion to suppress (Doc. 32) is DENIED as moot.

Pursuant to 18 U.S.C. § 3161(h)(8)(A) the Court FINDS that it is appropriate to continue the suppression hearing on defendant Heron's motion to allow the parties additional time to complete the plea negotiations. The Court FURTHER FINDS that the defendant's counsel has exercised due diligence in preparing for trial but that additional time is reasonable and necessary to allow defense counsel to pursue the possibility of plea negotiations. The Court FURTHER FINDS that failure to grant a continuance in this matter would deny counsel for the defendant reasonable time necessary to prepare for trial, and that the end of justice would be best served by granting the continuance. 18 U.S.C. § 3161(h)(8)(B)(iv).

Accordingly, the Court GRANTS defendant Heron's motion to continue. This matter is rescheduled for a hearing on the defendant's motion to suppress on Monday, December 11, 2006, at 1:30 P.M. All time between the filing of this motion and the new hearing date shall be excluded for speedy trial purposes.

Also before the Court is the government's motion for additional time to respond to defendant Heron's motion to sever (Doc. 67). In light of the current plea negotiations, the Court GRANTS the government's motion. The government's response to the motion to sever shall be filed by Friday, December 8, 2006.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20061106

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