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Order Jason Olderbak — No. 4:22-cr-03097 (Dkt. 15, D. Neb.)

Summary

Order of the U.S. District Court for the District of Nebraska in United States v. Jason Olderbak, case 4:22-cr-03097, Document 15, dated October 17, 2022, signed by Magistrate Judge Cheryl R. Zwart. It grants the defendant's unopposed motion to continue the trial (Filing No. 14) so the defense can investigate and prepare. Trial before Judge John M. Gerrard is set for 9:00 a.m. on January 30, 2023 for three (3) trial days, 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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Cite this document

“Order Jason Olderbak — No. 4:22-cr-03097 (Dkt. 15, D. Neb.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-jason-olderbak-no-4-22-cr-03097-dkt-15-d-neb-2fff5317b8/, SHA-256 3a5fd33248ff823271ec99cdf875c22591f855e556236ffc646adf3c9e105250.

Full text

   4:22-cr-03097-JMG-CRZ Doc # 15 Filed: 10/17/22 Page 1 of 1 - Page ID # 27




                     IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                    Plaintiff,                                4:22CR3097

      vs.
                                                                ORDER
JASON OLDERBAK,

                    Defendant.


      Defendant has moved to continue the trial, (Filing No. 14), because Defendant
needs additional time to investigate this case and prepare for trial. 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. 14), is granted.

      2)     The trial of this case is set to commence before the Honorable John M.
             Gerrard, United States District Judge, in Courtroom 1, 100 Centennial Mall
             North, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on
             January 30, 2023, or as soon thereafter as the case may be called, for a
             duration of three (3) trial days. Jury selection will be held at
             commencement of trial.

      3)     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 January 30, 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 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.

      October 17, 2022.                         BY THE COURT:
                                                s/ Cheryl R. Zwart
                                                United States Magistrate Judge

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