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United States of America v. Francisco Magana-Onate

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


March 15, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
FRANCISCO MAGANA-ONATE, DEFENDANT.

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

ORDER

This matter comes before the Court on defendant Francisco Magana-Onate's Second Motion to Continue trial (Doc. 26), which is currently set for March 21, 2011. Defendant seeks a short continuance to resolve pending issues in the parties' pretrial negotiations. The Government does not object to a continuance. There are no co-defendants in this case. The Court being fully advised in the premises finds that Defendant needs additional time.

Every defendant facing criminal charges has a right to a trial by jury or to plead to those charges. If the Court were to deny a continuance despite ongoing plea negotiations, this could severely impact the outcome of the discussions, which would likely result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(i). The Court therefore finds that pursuant to § 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 Second Motion to Continue (Doc. 26). The Court hereby CONTINUES the jury trial scheduled for Monday, March 21, 2011, at 9:00 a.m. to Monday, April 25, 2011, at 9:00 a.m. The time from the date the Motion was filed, March 14, 2011, until the date to which the trial is rescheduled, April 25, 2011, is excludable time for the purposes of speedy trial.

IT IS SO ORDERED.

Digitally signed by David R. Herndon DN: cn=David R. Herndon, o=Southern District of IL, ou=U. S. District Court, email=judge_herndon@ilsd.uscourts.go v, c=US Date: 2011.03.15 15:03:21 -05'00'

Chief Judge United States District Court

20110315

© 1992-2011 VersusLaw Inc.



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