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United States v. Hopkins

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


January 22, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
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 Defendant's January 21, 2009 motion to continue trial setting (Doc. 46). Defendant's counsel maintains that he needs additional time to prepare for trial as the grand jury returned a superseding indictment that contains two counts of witness tampering which are substantially different from the charges contained in the original indictment. The Court being fully advised in the premises finds that Defendant's counsel needs more time to prepare for trial as the witness tampering charges are substantially different than the charges contained in the original indictment. To force the Defendant to trial without sufficient time to prepare would be a manifest miscarriage of justice. Further, the Court finds that pursuant to 18 U.S.C. § 3161(h)(8)(A), the ends of justice served by the granting of such continuance outweigh the best interests of the public and the Defendant in a speedy trial.

Therefore, the Court GRANTS Defendant's January 21, 2009 motion to continue trial setting (Doc. 40). The Court CONTINUES the jury trial scheduled for January 26, 2009 to Monday, February 23, 2009 at 9:00 a.m. The time from the date the original motion was filed, January 21, 2009, until the date to which the trial is rescheduled, February 23, 2009, is excludable time for the purposes of speedy trial. Should either party believe that a witness will be required to travel on the Justice Prisoner and Alien Transportation System (JPATS) in order to testify at the trial of this case, a writ should be requested at least two months in advance.

Further, in light of the allegations in the Superceding Indictment and the response to the motion to continue, the Court PROHIBITS Hopkins from having any communication with anyone beside his legal counsel, Mr. Todd Schultz and Mr. Philip Kavanaugh (or their designated staff with appropriate federal identification). This prohibition includes ALL phone calls, visits, and mail with anyone except the designated authorized persons.

IT IS SO ORDERED.

DavidRHer|do| Chief Judge United States District Court

20090122

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