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United States of America v. Brett L. Nash

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


April 2, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRETT L. NASH,
DEFENDANT.

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

MEMORANDUM and ORDER

Pending before the Court is defendant's March 28, 2012 motion to continue (Doc. 25). Specifically, defendant moves the Court to continue the trial as he needs more time to prepare for trial due to the significant discovery, investigation and legal issues. The government does not oppose the motion. Based on the reasons stated in the motion, the Court finds that a continuance is necessary. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the Court finds that 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. 25). The Court CONTINUES the jury trial scheduled for April 30, 2012 to August 13, 2012 at 9:00 a.m. The time from the date the motion to continue trial was filed, March 28, 2012, to when the trial is rescheduled, August 13, 2012, is excludable time for the purposes of the Speedy Trial Act.

Lastly, 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

2012.04.02 11:35:52 -05'00'

20120402

© 1992-2012 VersusLaw Inc.



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