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United States v. Graves

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


January 24, 2007

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. 18.) The motion is unopposed. Defendant has informed the court that a written plea agreement between Defendant and the government is imminent. The parties have agreed upon the principle terms of the agreement; an actual written agreement is expected within a week. 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 deny the parties the opportunity to enter into a plea agreement, an outcome which would serve the interests of all the parties involved. Therefore, the Court GRANTS Defendant's motion to continue (Doc. 18) and continues the trial scheduled for January 29, 2007 for Defendant until March 5, 2007 at 9:00 a.m. The time from the date Defendant's motion was raised, January 23, 2007, until the date on which the trial is rescheduled, March 5, 2007, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David R Herndon United States District Judge

20070124

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