Order — No. 8:22-cr-00111 (Dkt. 24, D. Neb.)

Summary

An order in United States v. Brenda K. Banks, 8:22CR111, in the U.S. District Court for the District of Nebraska, filed February 1, 2023 as Doc # 24 (1 page) and signed by Magistrate Judge Susan M. Bazis. It grants the Unopposed Motion to Continue Trial [23], noting that discovery is voluminous and counsel needs additional time to review it, discuss it with the defendant and determine whether the matter will proceed to trial. The jury trial set for February 28, 2023 is continued to May 1, 2023, and the time until May 1, 2023 is excludable under 18 U.S.C. § 3161(h)(7)(A).

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Full text

   8:22-cr-00111-RFR-SMB Doc # 24 Filed: 02/01/23 Page 1 of 1 - Page ID # 48




                   IN THE UNITED STATES DISTRICT COURT
                       FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,                  )
                                           )
                   Plaintiff,              )                8:22CR111
                                           )
      vs.                                  )
                                           )
BRENDA K. BANKS,                           )                  ORDER
                                           )
                   Defendant.              )


      This matter is before the court on the Unopposed Motion to Continue Trial [23].
Discovery in this matter is voluminous. Counsel needs additional to review the
discovery, discuss the same with Defendant, and determine whether this matter will
proceed to trial. For good cause shown,

       IT IS ORDERED that the Unopposed Motion to Continue Trial [23] is granted, as
follows:

      1. The jury trial now set for February 28, 2023, is continued to May 1, 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 May 1, 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).

      DATED: February 1, 2023.

                                        BY THE COURT:


                                        s/ Susan M. Bazis
                                        United States Magistrate Judge


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