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Order — No. 8:22-cr-00200 (Dkt. 73, D. Neb.)

Summary

An order in United States v. Mark A. Smith, 8:22CR200, in the U.S. District Court for the District of Nebraska, filed November 2, 2023 as Doc # 73 (1 page) and signed by Magistrate Judge Michael D. Nelson. For the reasons in the motion, the Court finds good cause and grants the defendant's Unopposed Motion to Continue Trial [72]. The jury trial set for November 28, 2023 is continued to February 27, 2024, and the time until February 27, 2024 is excludable under 18 U.S.C. § 3161(h)(7)(A).

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“Order — No. 8:22-cr-00200 (Dkt. 73, D. Neb.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-8-22-cr-00200-dkt-73-d-neb-656f5e5c0a/, SHA-256 aa9c8171ea381fc2b96b0192ebe1ac002615260da4183de934ed851841e4d16a.

Full text

  8:22-cr-00200-BCB-MDN Doc # 73 Filed: 11/02/23 Page 1 of 1 - Page ID # 235




                    IN THE UNITED STATES DISTRICT COURT
                        FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,                    )
                                             )
                    Plaintiff,               )                8:22CR200
                                             )
      vs.                                    )
                                             )
MARK A. SMITH,                               )                  ORDER
                                             )
                    Defendant.               )


        This matter is before the court on the defendant’s Unopposed Motion to Continue
Trial [72]. For the reasons set forth in the motion, the undersigned magistrate judge finds
good cause to grant the continuance. Accordingly,

       IT IS ORDERED that the Unopposed Motion to Continue Trial [72] is granted, as
follows:

      1. The jury trial, now set for November 28, 2023, is continued to February 27,
         2024.

      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 27, 2024, 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: November 2, 2023

                                                 BY THE COURT:


                                                 s/Michael D. Nelson
                                                 United States Magistrate Judge

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