Order Jason C. Olderbak — No. 4:22-cr-03097 (Dkt. 17, D. Neb.)

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Order of the U.S. District Court for the District of Nebraska in United States v. Jason C. Olderbak, case 4:22-cr-03097, Document 17, dated January 9, 2023, signed by Magistrate Judge Cheryl R. Zwart. It grants the defendant's unopposed motion to continue the trial (Filing No. 16), made so the defense could prepare and consider whether to plead guilty, and continues the trial pending further order. A telephonic conference is set for 1:30 p.m. on February 7, 2023 to discuss a change of plea hearing or trial date, and the time until then is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(1) & (h)(7).

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   4:22-cr-03097-JMG-CRZ Doc # 17 Filed: 01/09/23 Page 1 of 2 - Page ID # 30




                 IN THE UNITED STATES DISTRICT COURT
                     FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                  Plaintiff,                              4:22CR3097

     vs.
                                                            ORDER
JASON C. OLDERBAK,

                  Defendant.


      Defendant has moved to continue the trial, (Filing No. 16), because
Defendant and defense counsel need additional time to prepare for trial and
consider whether to enter a plea of guilty. The motion to continue is unopposed.
Based on the showing set forth in the motion, the court finds the motion should
be granted. Accordingly,

      IT IS ORDERED:


      1)    Defendant’s motion to continue, (Filing No. 16), is granted.

      2)    The trial of this case is continued pending further order of the court.

      3)    A telephonic conference with counsel will be held before the
            undersigned magistrate judge at 1:30 p.m. on February 7, 2023 to
            discuss setting a change of plea hearing, or the date of the jury trial
            and deadlines for disclosing experts as required under Rule 16.
            Counsel for all parties shall use the conferencing instructions
            provided by the court to participate in the call.

      4)    The ends of justice served by granting the motion to continue
            outweigh the interests of the public and the defendant in a speedy
            trial, and the additional time arising as a result of the granting of the
            motion, the time between today’s date and February 7, 2023 shall be
            deemed excludable time in any computation of time under the
            requirements of the Speedy Trial Act, because although counsel
            have been duly diligent, additional time is needed to adequately
4:22-cr-03097-JMG-CRZ Doc # 17 Filed: 01/09/23 Page 2 of 2 - Page ID # 31




         prepare this case for trial and failing to grant additional time might
         result in a miscarriage of justice. 18 U.S.C. § 3161(h)(1) & (h)(7).
         Failing to timely object to this order as provided under this court’s
         local rules will be deemed a waiver of any right to later claim the time
         should not have been excluded under the Speedy Trial Act.

   Dated this 9th day of January, 2023.

                                          BY THE COURT:

                                          s/ Cheryl R. Zwart
                                          United States Magistrate Judge


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