Order — No. 8:23-cr-00031 (Dkt. 54, D. Neb.)

Summary

An order in United States v. Andrew I. Kincaid and Taliaferro D. Thompson, 8:23CR31, in the U.S. District Court for the District of Nebraska, filed October 12, 2023 as Doc # 54 (1 page) and signed by Magistrate Judge Susan M. Bazis. At a telephone status conference, defense counsel said the defendants need more time to review plea documents with their clients to decide whether to accept the plea offer or go to trial, and moved to continue the conference; the government did not object. The Court grants the oral motion, sets a telephonic status conference for 10:00 a.m. on November 8, 2023, and excludes the time until then under 18 U.S.C. § 3161(h)(7)(A).

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   8:23-cr-00031-BCB-SMB Doc # 54 Filed: 10/12/23 Page 1 of 1 - Page ID # 87




                          IN THE UNITED STATES DISTRICT COURT
                              FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                        Plaintiffs,                                        8:23CR31

        vs.
                                                                            ORDER
ANDREW I. KINCAID, and TALIAFERRO D.
THOMPSON,

                        Defendants.


         A telephone status conference was held today. During the telephone conference, defense
counsel notified the court that the Defendants request more time to review plea documents with their
clients to determine if they want to accept the plea offer or go to trial. Defense counsel moved to
continue the telephone status conference. The government did not object. Based on the comments of
counsel, the court finds good cause has been shown and the oral motion to continue should be granted.
Accordingly,

IT IS ORDERED:

       1) A telephonic status conference with counsel will be held before the undersigned magistrate
          judge at 10:00 a.m. on November 8, 2023 to discuss setting any change of plea hearing or
          the date of the jury trial. Counsel will use Restricted Order [50] for conference connection
          instructions.

       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 motion 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 on November 8, 2023, shall be deemed excludable
          time in any computation of time under the requirement of the Speedy Trial Act. Failure to
          grant this motion would deny counsel the reasonable time necessary for effective
          preparation, taking into account the exercise of due diligence, and the novelty and
          complexity of the case. The failure to grant this motion might result in a miscarriage of
          justice. 18 U.S.C. § 3161(h)(7)(A) & (B). 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 12th day of October, 2023.

                                                       BY THE COURT:

                                                       s/ Susan M. Bazis
                                                       United States Magistrate Judge


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