Order Jason Smith — No. 4:22-cr-03088 (Dkt. 18, D. Neb.)
Summary
Order of the U.S. District Court for the District of Nebraska in United States v. Jason Smith, case 4:22-cr-03088, Document 18, dated August 23, 2022, signed by Magistrate Judge Cheryl R. Zwart. It grants the defendant's unopposed motion to continue (Filing No. 17), setting pretrial motions for September 23, 2022 so the defense can review discovery. Trial before Judge John M. Gerrard is set for 9:00 a.m. on October 24, 2022 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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“Order Jason Smith — No. 4:22-cr-03088 (Dkt. 18, D. Neb.).”
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4:22-cr-03088-JMG-CRZ Doc # 18 Filed: 08/23/22 Page 1 of 2 - Page ID # 29
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff, 4:22CR3088
vs.
ORDER
JASON SMITH,
Defendant.
Defendant has moved to continue the pretrial motion deadline and trial
date, (Filing No. 17), because Defendant and defense counsel need additional
time to fully review the discovery received before deciding if pretrial motions
should be filed. 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. 17), is granted.
2) Pretrial motions and briefs shall be filed on or before September 23,
2022.
3) The trial of this case is set to commence before the Honorable John
M. Gerrard, United States District Judge, in Courtroom 1, United
States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on October 24,
2022, 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.
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 October 24, 2022 shall
be deemed excludable time in any computation of time under the
4:22-cr-03088-JMG-CRZ Doc # 18 Filed: 08/23/22 Page 2 of 2 - Page ID # 30
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.
Dated this 23rd day of August, 2022.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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