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United States v. Thompson

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


May 28, 2009

UNITES STATES OF AMERICA, PLAINTIFF,
v.
PATRICK THOMPSON, DEFENDANT.

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

ORDER

Before the Court is Defendant Patrick Thompson's First Motion to Continue (Doc. 20). Defendant states that the parties are currently engaged in plea negotiations and need additional time to conduct plea negotiations. Further, Defendant states that discovery is not complete, as the parties are waiting for the laboratory results concerning the controlled substance seized in this case. The Court, being fully advised in the premises, finds that Defendant needs additional time to conduct plea negotiations. In addition, the Court finds that pursuant to 18 U.S.C. § 3161(h)(7)(A), the ends of justice served by the granting of such a continuance outweigh the interests of the public and Defendant Thompson in a speedy trial. Further, forcing the parties to trial on a case that appears to have great potential to resolve amicably would be a great miscarriage of justice.

Therefore, the Court GRANTS Defendant Thompson's First motion to continue (Doc. 20) and CONTINUES the jury trial scheduled for June 29, 2009 until August 31, 2009 at 9:00 a.m. The time from the date Defendant's motion was filed, May 27, 2009, until the date on which the trial is rescheduled, August 31, 2009, is excludable for the purposes of a 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

20090528

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