Order Michael Mcneil — No. 4:22-cr-03156 (Dkt. 20, D. Neb.)

Summary

Order of the U.S. District Court for the District of Nebraska in United States v. Michael McNeil, case 4:22-cr-03156, Document 20, dated February 22, 2023, signed by Magistrate Judge Cheryl R. Zwart. It grants the defendant's unopposed motion to continue the status conference (Filing No. 19), made because the defendant is awaiting additional discovery and must then decide whether to plead guilty. A telephonic conference is set for 10:30 a.m. on March 23, 2023 to discuss a change of plea hearing or trial date, and the time until then is excluded under the Speedy Trial Act.

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   4:22-cr-03156-JMG-CRZ Doc # 20 Filed: 02/22/23 Page 1 of 2 - Page ID # 35




                 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 status conference, (Filing No. 19),
because Defendant is awaiting additional discovery from the government and
then needs to decide 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. 19), is granted.

      2)    A telephonic conference with counsel will be held before the
            undersigned magistrate judge at 10:30 a.m. on March 23, 2023 to
            discuss setting any 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.

      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 March 23, 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).
4:22-cr-03156-JMG-CRZ Doc # 20 Filed: 02/22/23 Page 2 of 2 - Page ID # 36




         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 22nd day of February, 2023.

                                         BY THE COURT:

                                         s/ Cheryl R. Zwart
                                         United States Magistrate Judge


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