Matches in SCALES for { <http://schemas.scales-okn.org/rdf/scales#DocketEntry/ctd;;3:16-cr-00072_de7> ?p ?o ?g. }
Showing items 1 to 5 of
5
with 100 items per page.
- ctd;;3:16-cr-00072_de7 RegisterActionDate "2015-12-20" @default.
- ctd;;3:16-cr-00072_de7 RegisterActionDescriptionText "ORDER granting, in part, 7 Motion to Continue as to ED0A211 (1). The motion seeks a continuance of the deadlines set forth in both 18 U.S.C. § 3161(b), requiring that an indictment or information be filed within 30 days of a defendant's arrest, and Fed. R. Crim. P. 5.1(c), requiring that a preliminary hearing be held within 14 days of the initial appearance of a defendant who is detained. The preliminary hearing previously scheduled in this matter for December 23, 2015, is hereby continued to February 5, 2016, at 10:00 a.m., and the time from December 20, 2015, through and including February 5, 2016, is hereby excluded from the calculation of the deadlines set forth in 18 U.S.C. § 3161(b) and Fed. R. Crim. P. 5.1(c). The Court finds a continuance of these deadlines is in the best interest of the defendant; that he knows his rights to proceed; that the interest of the public in a speedy trial is outweighed by the defendant's interest in a continuance in this matter; and that a continuance of both deadlines is in the interest of justice. The Court notes that the Waiver of Speedy Trial Rights attached to the motion fails to cite Fed. R. Crim. P. 5.1 and refers to the deadlines applicable to trials rather than preliminary hearings. The waiver also fails to set forth with specificity the deadlines being waived by the defendant. Based on the representations in the motion that counsel has discussed these issues with the defendant, and the defendant consents, the Court finds that in this instance that the defendant's waiver is knowing and voluntary. Counsel is hereby alerted, however, that any future waiver of these deadlines must set forth the relevant rules, statutes, and deadlines with specificity, and must aver that the defendant has been advised of all relevant rights, so that the Court may ensure that the defendant is fully informed. Signed by Judge Sarah A. L. Merriam on 12/20/2015. (Merriam, Sarah) [3:15-mj-00223-SALM] (Entered: 12/20/2015)" @default.
- ctd;;3:16-cr-00072_de7 AdministrativeID "9" @default.
- ctd;;3:16-cr-00072_de7 OntologyLabel order @default.
- ctd;;3:16-cr-00072_de7 hasReferenceToOtherEntry ctd;;3:16-cr-00072_de5 @default.