Order — No. 4:21-cr-03157 (Dkt. 35, 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 March 10, 2022 as Doc # 35 (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. 34) because the defense needs more time to review discovery. Pretrial motions and briefs are due April 15, 2022 as to both defendants, and trial is set before the Honorable John M. Gerrard on May 16, 2022 at 9:00 a.m. for five trial days. The time until April 15, 2022 is excludable under the Speedy Trial Act.

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Full text

   4:21-cr-03157-JMG-CRZ Doc # 35 Filed: 03/10/22 Page 1 of 2 - Page ID # 80




                 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. 34), 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 Anchondo’s motion to continue, (Filing No. 34), is
            granted.

      2)    As to both defendants, pretrial motions and briefs shall be filed on or
            before April 15, 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 May 16, 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
4:21-cr-03157-JMG-CRZ Doc # 35 Filed: 03/10/22 Page 2 of 2 - Page ID # 81




         result of the granting of the motion, the time between today’s date
         and April 15, 2022 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)(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.

   Dated this 10th day of March, 2022.

                                         BY THE COURT:

                                         s/ Cheryl R. Zwart
                                         United States Magistrate Judge


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