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- cod;;1:16-cr-00186_de51 RegisterActionDate "2016-12-13" @default.
- cod;;1:16-cr-00186_de51 RegisterActionDescriptionText "ORDER granting 52 Motion to Continue as to CB18455 (1) Motions due by 1/23/2017. Responses due by 2/6/2017 Jury Trial set for 3/6/2017 09:00 AM in Room 323 (Grand Junction) before Chief Judge Marcia S. Krieger. Pretrial Conference set for 3/2/2017 03:00 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Defendant moved to continue the trial on the basis that there was not enough time to be properly prepared for trial on January 3, 2017. The reasons for the continuance include new Counsel entering on November 10, 2016 and receiving discovery on November 21, 2016, the complexity of the charged offenses (five counts of false claims, six counts of creating fictitious financial instruments and three counts of bank fraud), the need to potentially interview 50 or more witnesses which the Government interviewed over a lengthy time period and the need to prepare a cogent defense. The Court, examining the factors set forth in U.S. v. Toombs, 574 F.3d 1262 (10th Cir. 2009) and 18 USC § 3161, determines that the ends of justice would be served by continuing the trial in this matter and that the factors in favor of granting such a continuance outweigh the best interests of the public and the Defendant in a speedy trial. The Court finds that failure to grant such a continuance would make it impossible for the Defense to proceed, would provide inadequate preparation time taking into account the fact that the parties have all exercised due diligence. The Government did not object, in any fashion, to the motion to continue. All time between the just vacated trial date of January 3, 2017 and the new date of March 6, 2017 shall be excluded from the speedy trial calculation. The parties are to file a joint memo, within 14 days, providing a current speedy trial calculation. No later than February 1, 2017, the parties shall file an estimate of the time needed for trial (jointly if in agreement and separately if necessary). by Magistrate Judge Gordon P. Gallagher on 12/13/2016. Text Only Entry (ggall, ) (Entered: 12/13/2016)" @default.
- cod;;1:16-cr-00186_de51 AdministrativeID "53" @default.
- cod;;1:16-cr-00186_de51 OntologyLabel order @default.
- cod;;1:16-cr-00186_de51 hasReferenceToOtherEntry cod;;1:16-cr-00186_de50 @default.