IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 6, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
LOUIS E. HOPKINS, A/K/A "LOU," DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
MEMORANDUM AND ORDER
Now before the Court is the Government's motion to continue trial (Doc. 18). The Government moves the Court to continue the trial set for January 12, 2009 to January 26, 2009 arguing that it intended to supersede the indictment to include three counts of distribution of crack cocaine, as well as other charges, and that it did not do so because the Government was led to believe that Defendant intended to plead guilty to the two-count indictment.*fn1 Further, the Government states that it needs more time to prepare for trial as it was unaware until January 5, 2009 that the plea negotiations had failed. The Court notes that Defendant objects to the motion to continue trial.*fn2 Based on the circumstances in this case, the Court FINDS that a continuance is warranted to allow the Government to supersede the indictment. Here, the Government was lulled into believing that the Defendant was going to plead guilty to the charges contained in the indictment and that was the basis for the Government withholding the additional charges. Thus, the Court GRANTS the motion to continue trial (Doc. 18). The Court CONTINUES the jury trial set for January 12, 2009 to January 26, 2009 at 9:00 a.m.
IT IS SO ORDERED.
David R Herdo Chief Judge United States District Court