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United States v. Heatherly

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


November 20, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICHARD D. HEATHERLY, DEFENDANT.

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

ORDER

Before the Court is a motion to continue trial submitted by Defendant Heatherly. (Doc. 12.) The Court finds that the trial should be postponed because Defendant and the Government are involved in ongoing discussions concerning a possible plea agreement. In addition, 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 Heatherly 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 Heatherly's motion to continue trial (Doc. 12) and CONTINUES the jury trial scheduled for November 26, 2007 until January 14, 2008 at 9:00 a.m. The time from the date Defendant Heatherly's motion was filed, November 20, 2007, until the date on which the trial is rescheduled, January 14, 2008, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20071120

© 1992-2007 VersusLaw Inc.



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