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United States v. Graves

November 27, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ELDRA J. GRAVES, DEFENDANT.



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

ORDER

Before the Court is a motion to continue trial submitted by Defendant. (Doc. 15.) Defendant has informed the court that he and the government are engaged in ongoing plea negotiations. Furthermore, Defendant is awaiting discovery from the government that could impact the plea negotiations. The Court finds that pursuant to 18 U.S.C. § 3161(h)(8)(A), the ends of justice served by the granting of such a continuance outweigh the interests of the public and Defendant in a speedy trial because failure to grant a continuance would unreasonably interfere with the current plea negotiations, which if successful would serve all parties' interest in a just and efficient outcome. Therefore, the Court GRANTS Defendant's motion to continue (Doc. 15) and continues the trial scheduled for December 4, 2006 for Defendant until January 29, 2007 at 9:00 a.m. The time from the date Defendant's motion was raised, November 22, 2006, until the date on which the trial is rescheduled, January 29, 2007, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David R. Herndon United States District Judge

20061127

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