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- cod;;1:16-cr-00377_de61 RegisterActionDate "2017-01-25" @default.
- cod;;1:16-cr-00377_de61 RegisterActionDescriptionText "ORDER granting 44 Motion to Declare Case Complex as to 52CE129 (1), A92843D (2), B83B232 (3), B4224DD (4), 99AFF16 (5) Motions due by 7/10/2017. Responses due by 7/31/2017 Jury Trial set for 9/5/2017 01:30 PM in Room 323 (Grand Junction) before Chief Judge Marcia S. Krieger. Pretrial Conference set for 8/31/2017 03:30 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger.The Government moves to declare this matter complex pursuant to 18 U.S.C. § 3161 (h)(7)(B)(ii). None of the Defendants oppose this motion or the requested continuance/exclusion time stated therein. The reasons for the designation/continuance include: the Governments investigation lasted approximately 12 months and included multiple warrants in both Colorado and Arizona; 5 months of authorized wiretap intercepts occurred on three phones with 5107 recorded calls; 2771 of those calls were deemed pertinent; most of the calls were in Spanish and will require translation; 2 pole cameras were utilized with possibly thousands of hours of surveillance; there was extensive grand jury testimony which has yet to be transcribed; and multiple phone records and financial records need to be provided and reviewed. 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. I further find that the Government has made the showing necessary for me to declare this matter complex pursuant to 18 U.S.C. § 3161. All time between the just vacated trial date of March 6, 2017 and the new date of September 5, 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. If no motions are filed resulting in vacation of the trial date, the parties shall file an estimate of the time needed for trial by August 1, 2017 (jointly if in agreement and separately if necessary). by Magistrate Judge Gordon P. Gallagher on 1/25/2017. Text Only Entry (ggall, ) (Entered: 01/25/2017)" @default.
- cod;;1:16-cr-00377_de61 AdministrativeID "65" @default.
- cod;;1:16-cr-00377_de61 OntologyLabel order @default.
- cod;;1:16-cr-00377_de61 hasReferenceToOtherEntry cod;;1:16-cr-00377_de43 @default.