Order Michael Mcneil — No. 4:22-cr-03156 (Dkt. 18, D. Neb.)

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Order of the U.S. District Court for the District of Nebraska in United States v. Michael McNeil, case 4:22-cr-03156, Document 18, dated January 13, 2023, signed by Magistrate Judge Cheryl R. Zwart. It grants the defendant's unopposed motion to continue the pretrial motion deadline (Filing No. 17) so the defense can review discovery, setting pretrial motions for February 15, 2023. The telephonic conference set for January 19, 2023 is moved to 1:30 p.m. on February 22, 2023, and the time until then is excluded under the Speedy Trial Act.

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   4:22-cr-03156-JMG-CRZ Doc # 18 Filed: 01/13/23 Page 1 of 2 - Page ID # 33




                 IN THE UNITED STATES DISTRICT COURT
                     FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                  Plaintiff,                              4:22CR3156

      vs.
                                                             ORDER
MICHAEL MCNEIL,

                  Defendant.


      Defendant has moved to continue the pretrial motion deadline, (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 February 15,
            2023.

      3)    The telephonic conference with counsel scheduled to be held on
            January 19, 2023 is continued, and it will be held before the
            undersigned magistrate judge at 1:30 p.m. on February 22, 2023 to
            discuss setting any pretrial motion hearing needed, 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 22, 2023 shall
4:22-cr-03156-JMG-CRZ Doc # 18 Filed: 01/13/23 Page 2 of 2 - Page ID # 34




         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.

   Dated this 13th day of January, 2023.

                                         BY THE COURT:

                                         s/ Cheryl R. Zwart
                                         United States Magistrate Judge


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