Order — No. 8:21-cr-00290 (Dkt. 33, D. Neb.)

Summary

An order in United States v. Jermaine Lewis, 8:21CR290, in the U.S. District Court for the District of Nebraska, filed December 7, 2022 as Doc # 33 (1 page) and signed by Magistrate Judge Michael D. Nelson. It grants the defendant's unopposed Motion to Continue Trial [32], noting that counsel informed the court plea negotiations have occurred and the government will be proposing a plea agreement. The jury trial set for December 12, 2022 is continued to February 28, 2023, the time until February 28, 2023 is excludable, and no further continuances will be granted without requesting a hearing.

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Full text

   8:21-cr-00290-RFR-MDN Doc # 33 Filed: 12/07/22 Page 1 of 1 - Page ID # 57




                    IN THE UNITED STATES DISTRICT COURT
                        FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,                   )
                                            )
                    Plaintiff,              )                8:21CR290
                                            )
      vs.                                   )
                                            )
JERMAINE LEWIS,                             )                  ORDER
                                            )
                    Defendant.              )


        This matter is before the court on the defendant’s unopposed Motion to Continue
Trial [32]. Upon inquiry, counsel informed the court that plea negotiations have occurred,
and the government will be proposing plea agreement to the defendant. For good cause
shown,

      IT IS ORDERED that the Motion to Continue Trial [32] is granted, as follows:

      1. The jury trial, now set for December 12, 2022, is continued to February 28,
         2023.

      2. In accordance with 18 U.S.C. § 3161(h)(7)(A), the court finds that the ends of
         justice will be served by granting this continuance and outweigh the interests
         of the public and the defendant in a speedy trial. Any additional time arising as
         a result of the granting of this motion, that is, the time between today’s date
         and February 28, 2023, shall be deemed excludable time in any computation
         of time under the requirement of the Speedy Trial Act. Failure to grant a
         continuance would deny counsel the reasonable time necessary for effective
         preparation, taking into account the exercise of due diligence. 18 U.S.C. §
         3161(h)(7)(A) & (B)(iv).

      3. No further continuances will be granted without requesting a hearing
         before the undersigned magistrate judge.

      DATED: December 7, 2022.

                                                BY THE COURT:


                                                s/ Michael D. Nelson
                                                United States Magistrate Judge


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