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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.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-jason-smith-no-4-22-cr-03088-dkt-18-d-neb-a439eaaec9/, SHA-256 4cbf2fd2d654857d54a6cb76d6fbda830f29a85e3a6fbf607c55fc399da10e37.

Full text

   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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