IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 22, 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 Defendant's April 20, 2009 motion to continue trial (Doc. 71). Defendant's counsel maintains that he needs additional time to interview witnesses and prepare for trial as he was appointed counsel in this case on March 27, 2009 and obtained discovery April 3, 2009. The Court being fully advised in the premises finds that Defendant's counsel needs additional time to prepare for trial. 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 April 20, 2009 motion to continue trial setting (Doc. 71). The Court CONTINUES the jury trial scheduled for April 27, 2009 to Monday, July 6, 2009 at 9:00 a.m. The time from the date the original motion was filed, April 20, 2009, until the date to which the trial is rescheduled, July 6, 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.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
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