Order — No. 8:22-cr-00111 (Dkt. 27, 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 April 5, 2023 as Doc # 27 (1 page) and signed by Magistrate Judge Susan M. Bazis. It grants the Unopposed Motion to Continue Trial [26] because defense counsel has a scheduling conflict and the parties have entered into plea negotiations. The jury trial set for May 1, 2023 is continued to June 27, 2023, and the time until June 27, 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 # 27 Filed: 04/05/23 Page 1 of 1 - Page ID # 51




                    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 [26].
Defense counsel has a scheduling conflict with the currently scheduled jury trial in this
case. The parties have entered into plea negotiations and additional time is needed to
determine if the parties can reach a resolution. For good cause shown,

       IT IS ORDERED that the Unopposed Motion to Continue Trial [26] is granted, as
follows:

      1. The jury trial now set for May 1, 2023, is continued to June 27, 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 June 27, 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: April 5, 2023.

                                         BY THE COURT:


                                         s/ Susan M. Bazis
                                         United States Magistrate Judge


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