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United States v. Tinker

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


January 15, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LARRY G. 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 filed by Defendant Larry G. Tinker (Doc. 69). Defendant argues that new counsel was appointed to represent him on December 9, 2008 and his counsel has had insufficient opportunity to review all of the discovery in this case and explore Defendant's options. To force the Defendant to trial without adequate time to prepare would constitute a 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. 69) and CONTINUES the trial set for February 23, 2009 until April 6, 2009 at 9:00 a.m. The time from the date Defendant Tinker's motion was filed, January 14, 2009, until the date on which the trial is rescheduled, April 6, 2009, is excludable time for the purposes of a speedy trial.

IT IS SO ORDERED.

Signed this 15th day of January, 2009.

20090115

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