Order — No. 4:21-cr-03157 (Dkt. 29, D. Neb.)

Summary

An order in United States v. Julio Ceaser Cross and Hever Rolando Anchondo, 4:21CR3157, in the U.S. District Court for the District of Nebraska, filed January 18, 2022 as Doc # 29 (2 pages) and signed by Magistrate Judge Cheryl R. Zwart. It grants Defendant Anchondo's unopposed motion to continue the pretrial motion deadline (Filing No. 26) because the defense needs more time to review discovery, and sets pretrial motions and briefs for March 11, 2022 as to both defendants. Trial is set before the Honorable John M. Gerrard on April 11, 2022 at 9:00 a.m. for five trial days, and the time between the order date and March 11, 2022 is excludable under the Speedy Trial Act.

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   4:21-cr-03157-JMG-CRZ Doc # 29 Filed: 01/18/22 Page 1 of 2 - Page ID # 55




                 IN THE UNITED STATES DISTRICT COURT
                     FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                  Plaintiffs,                             4:21CR3157

      vs.
                                                             ORDER
JULIO CEASER CROSS, and HEVER
ROLANDO ANCHONDO,

                  Defendants.


      Defendant Anchondo has moved to continue the pretrial motion deadline,
(Filing No. 26), 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. 26), is granted.

      2)    As to both defendants, pretrial motions and briefs shall be filed on or
            before March 11, 2022.

      3)    As to both defendants, 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 April 11, 2022, or as soon thereafter as the case may be
            called, for a duration of five (5) 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 defendants in a speedy
            trial, and as to both defendants, the additional time arising as a
            result of the granting of the motion, the time between today’s date
            and March 11, 2022 shall be deemed excludable time in any
4:21-cr-03157-JMG-CRZ Doc # 29 Filed: 01/18/22 Page 2 of 2 - Page ID # 56




         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)(6) & (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.

   January 18, 2022.
                                        BY THE COURT:

                                        s/ Cheryl R. Zwart
                                        United States Magistrate Judge


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