IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 27, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Herndon, Chief Judge:
This matter comes before the Court on Defendant's Motion to Continue Trial (Doc. 16), currently set for January 31, 2011. Defendant seeks additional time to continue plea negotiations with the Government. The Motion further states that the Government does not object to this continuance request. There are no other co-defendants in this case. The law allows every defendant facing criminal charges the right to a trial by jury or to plead to those charges. The Court being fully advised in the premises finds that Defendant needs additional time to complete plea negotiations. If the Court were to deny a continuance despite ongoing plea negotiations, this could severely impact the outcome of these discussions, which would likely result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(i). Further, refusing to grant a continuance in this matter would "deny counsel for the defendant . . . the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." See 18 U.S.C. § 3161(h)(7)(B)(iv). The Court therefore 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 Defendant in a speedy trial. Accordingly, the Court GRANTS Defendant's Motion to Continue (Doc. 16). The Court hereby CONTINUES the jury trial scheduled for January 31, 2011, to Monday, February 28, 2011, at 9:00 a.m. The time from the date this Motion to Continue (Doc. 16) was filed, January 24, 2011, until the date the trial is rescheduled, February 28, 2011, is excludable time for the purposes of speedy trial.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
2011.01.27 09:12:53 -06'00'
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