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- cod;;1:16-cr-00288_de24 RegisterActionDate "2016-10-15" @default.
- cod;;1:16-cr-00288_de24 RegisterActionDescriptionText "ORDER granting 25 Motion to Continue as to 44A2B15 (1) Jury Trial set for 3/6/2017 09:00 AM in Room 323 (Grand Junction) before Chief Judge Marcia S. Krieger. Pre trial conference set for March 2, 2017 at 3:00 PM. The motions deadline is now January 17, 2017 with a response deadline of January 31, 2017. Defendant moved to continue the trial on the basis that there was not enough time to be properly prepared for trial on November 7, 2016. The reasons for the continuance include the nature of the evidence which can only be viewed in Grand Junction in the presence of law enforcement, the switch in Counsel and need to further consult with the Defendant, the parallel prosecution occurring in State Court and the need to consult with the (soon to be) appointed attorney in that action and the need to receive a forensic examination report which has not yet been generated. 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 does not object, in any fashion, to the motion to continue. All time between the just vacated trial date of November 7, 2016 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. by Magistrate Judge Gordon P. Gallagher on 10/15/16. Text Only Entry (ggall, ) (Entered: 10/15/2016)" @default.
- cod;;1:16-cr-00288_de24 AdministrativeID "26" @default.
- cod;;1:16-cr-00288_de24 OntologyLabel order @default.
- cod;;1:16-cr-00288_de24 hasReferenceToOtherEntry cod;;1:16-cr-00288_de23 @default.