Order — No. 4:21-cr-03157 (Dkt. 59, 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 May 23, 2022 as Doc # 59 (2 pages) and signed by Magistrate Judge Cheryl R. Zwart. It grants Defendant Anchondo's unopposed motion (Filing No. 58) to continue the pretrial motion deadline and trial date, because the defense needs more time to review discovery and to decide whether to enter a guilty plea. Pretrial motions and briefs are due June 17, 2022 as to both defendants, and trial is set before the Honorable John M. Gerrard on July 18, 2022 at 9:00 a.m. for five trial days.

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  4:21-cr-03157-JMG-CRZ Doc # 59 Filed: 05/23/22 Page 1 of 2 - Page ID # 138




                  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
and trial date, (Filing No. 58), because Defendant and defense counsel need
additional time to fully review the discovery received and needs to consider and
decide whether to enter a guilty plea before deciding whether to file pretrial
motions. 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. 58), is
            granted.

      2)    As to both defendants, pretrial motions and briefs shall be filed on or
            before June 17, 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 July 18, 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 # 59 Filed: 05/23/22 Page 2 of 2 - Page ID # 139




   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 July 18, 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 23rd day of May, 2022.

                                        BY THE COURT:

                                        s/ Cheryl R. Zwart
                                        United States Magistrate Judge


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