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- cod;;1:17-cr-00155_de26 RegisterActionDate "2017-10-08" @default.
- cod;;1:17-cr-00155_de26 RegisterActionDescriptionText "ORDER granting 24 Motion to Continue as to D936A47 (1) Motions due by 12/4/2017. Responses due by 12/22/2017 Jury Trial set for 1/2/2018 01:30 PM in Room 323 (Grand Junction) before Chief Judge Marcia S. Krieger. Pretrial Conference set for 12/28/2017 03:30 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Defendant entered a not guilty plea to each count of the indictment and this action was set for trial, that trial being continued until November 6, 2017. Defendant and the Government unanimously consented to the jurisdiction of the Magistrate Judge to determine speedy trial related matters and to address a motion to continue. Defendant moved to continue the trial on the basis that there was not enough time to be properly prepared for trial on November 6, 2017. A conference call was held on 10/6/2017 with the Court and both Counsel to confirm the details regarding additional discovery as set forth in Defendants motion. The supplemental discovery provided to Defendant and necessitating a continuance includes: significant additional reports (some 300 reports), 2 additional wiretaps from Facebook, Excel spreadsheets, and additional laboratory reports. Defendant has just received these documents, needs time to digest and further investigate the matters raised therein, and cannot accomplish that in the month remaining prior to the current trial date. 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 vacated trial date of November 6, 2017 and the new date of January 2, 2018 shall be excluded from the speedy trial calculation. The parties addressed speedy trial during the conference call and concur that the calculation set forth in ECF# 22 still is applicable. Additionally, Defense Counsel confirmed her intent to file ECF #26 at Level 3 restriction. Defense Counsel shall file any supplement to ECF #26, at Level 3 restriction, within seven (7) days. by Magistrate Judge Gordon P. Gallagher on 10/8/2017. Text Only Entry (ggall, ) (Entered: 10/08/2017)" @default.
- cod;;1:17-cr-00155_de26 AdministrativeID "27" @default.
- cod;;1:17-cr-00155_de26 OntologyLabel plea_not_guilty @default.
- cod;;1:17-cr-00155_de26 OntologyLabel order @default.
- cod;;1:17-cr-00155_de26 OntologyLabel plea @default.
- cod;;1:17-cr-00155_de26 hasReferenceToOtherEntry cod;;1:17-cr-00155_de23 @default.