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United States v. Johnson

October 1, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIE F. JOHNSON DEFENDANT.



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

ORDER

Before the Court is a Motion to Continue Hearing on Motion to Suppress (Doc. 57), filed on behalf of Defendant. Currently, there is an active warrant for Defendant's arrest for bond violation. Defendant still remains "at large." The Government does not object to this motion. Because proceeding with the hearing in Defendant's absence would likely violate his rights to due process and confrontation of witnesses under the 5th and 6th Amendments and Rule 43 of the Federal Rules of Criminal Procedure, the Court hereby GRANTS said Motion and continues the suppression hearing set for September 2, 2008to Monday, November 24, 2008 at 1:30 p.m.

Further, the Court notes that the Speedy Trial Act provides excludable time for any periods of "delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion . . . ." See 18 U.S.C. § 3161(h)(1)(F).

Lastly, if Defendant has not been arrested on this warrant in time for the November 24, 2008 suppression hearing date, Defendant's counsel shall again need to file an appropriate motion requesting further continuance.

IT IS SO ORDERED.

David R Her|do| Chief Judge United States District Court

20081001

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