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United States v. Wilmoth

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


October 27, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BILL L. WILMOTH, III, DEFENDANT.

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

ORDER

Now before the Court is Defendant Wilmoth's October 26, 2009 motion to continue trial setting (Doc. 21). Specifically Wilmoth argues that he needs more time to prepare for trial. The Government does not object to a continuance. The Court being fully advised in the premises finds that Wilmoth needs additional time to prepare for trial. Further, the Court finds that pursuant to 18 U.S.C. § 3161(h)(7)(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. The Court also finds that to deny a continuance of the matter would result in a miscarriage of justice.

Therefore, the Court GRANTS Defendant Wilmoth's October 26, 2009 motion to continue trial setting (Doc. 21). The Court CONTINUES the jury trial scheduled for November 2, 2009 to Tuesday, January 19,2010 at 9:00 a.m. The time from the date the original motion was filed, October 26, 2009, until the date to which the trial is rescheduled, January 19, 2010, 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, the parties shall notify the Court if a change of plea hearing is necessary.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20091027

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