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Order — No. 4:21-cr-03157 (Dkt. 57, 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 April 15, 2022 as Doc # 57 (2 pages) and signed by Magistrate Judge Cheryl R. Zwart. It grants the defendants' unopposed motions (Filing Nos. 55 and 56) to continue the pretrial motion deadline and trial date, because they need more time to review discovery and to consider whether to enter a guilty plea. Pretrial motions and briefs are due May 20, 2022, and trial is set before the Honorable John M. Gerrard on June 21, 2022 at 9:00 a.m. for five trial days.

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“Order — No. 4:21-cr-03157 (Dkt. 57, D. Neb.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-4-21-cr-03157-dkt-57-d-neb-9829893b2c/, SHA-256 13ecd7984b456d8acf1f8241597884a3552a28b3b755faae5a8d16e404cc47bf.

Full text

  4:21-cr-03157-JMG-CRZ Doc # 57 Filed: 04/15/22 Page 1 of 2 - Page ID # 134




                 IN THE UNITED STATES DISTRICT COURT
                     FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                  Plaintiff,                              4:21CR3157

      vs.
                                                             ORDER
JULIO CEASER CROSS and HEVER
ROLANDO ANCHONDO

                  Defendant.



      Defendants have moved to continue the pretrial motion deadline and trial
date, (Filing Nos. 55 and 56), because they need additional time to fully review
the discovery received before deciding if pretrial motions should be filed and to
consider and decide whether to enter a guilty plea. The motions to continue are
unopposed. Based on the showing set forth in the motions, the court finds the
motions should be granted. Accordingly,

      IT IS ORDERED:


      1)    Defendants’ motions to continue, (Filing Nos. 55 and 56), are
            granted.

      2)    As to both defendants, pretrial motions and briefs shall be filed on or
            before May 20, 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 June 21, 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.
4:21-cr-03157-JMG-CRZ Doc # 57 Filed: 04/15/22 Page 2 of 2 - Page ID # 135




   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 June 21, 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)(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.

   April 15, 2022.
                                         BY THE COURT:

                                         s/ Cheryl R. Zwart
                                         United States Magistrate Judge


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