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United States v. Tinker

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


September 2, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LARRY TINKER, DEFENDANT.

The opinion of the court was delivered by: David R Herndon Chief Judge United States District Court

ORDER

HERNDON, Chief Judge

Before the Court is a motion to continue trial submitted by Defendant Tinker (Doc. 57). The Court finds that the trial should be postponed because Defendant is scheduled to make a proffer on October 3, 2008. To force the Defendant to trial prior to having an opportunity to explore the possibility of resolving the case with a plea would be a manifest miscarriage of justice. 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 Tinker in a speedy trial. Therefore, the Court GRANTS Defendant Tinker's motion to continue trial (Doc. 57) and CONTINUES the jury trial scheduled for October 6, 2008 until December 8, 2008 at 9:00am. The time from the date Defendant Tinker's motion was filed, September 18, 2008 until the date on which the trial is rescheduled, December 8, 2008, is excludable time for the purposes of a speedy trial.

IT IS SO ORDERED.

Signed this 2nd day of September, 2008.

20080902

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