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United States of America v. Joshua Burgard

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


January 28, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSHUA BURGARD,
DEFENDANT.

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

ORDER

Now before the Court is Defendant's Motion to Suppress Defendant's Cell Phone and All Fruits of this Evidence, and Memorandum in Support (Doc. 22), filed on November 3, 2010. A hearing on the Motion was held January 4, 2011 (Doc. 30), and a ruling on the Motion is now pending before the Court. Defendant's current trial setting is January 31, 2011. Because resolution of Defendant's Motion is necessary in order to determine the issues going forward to trial, the Court finds that a CONTINUANCE of the current trial is warranted.

The Speedy Trial Act provides excludable time for any periods of "delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion . . . ." 18 U.S.C. § 3161(h)(1)(D). Defendant's Motion was filed on November 3, 2011, and its hearing held recently on January 4, 2011. The Motion is now pending for prompt disposition before the Court. Accordingly, 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 the Motion to Suppress Defendant's Cell Phone and All Fruits of this Evidence, and Memorandum in Support (Doc. 22) was filed, November 3, 2010, until the date the trial is rescheduled, February 28, 2011, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

2011.01.28 16:06:17 -06'00'

Signed this 28th day of January, 2011.

David R. Herndon Chief Judge United States District Court

20110128

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