Order — No. 8:23-cr-00031 (Dkt. 61, 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 December 8, 2023 as Doc # 61 (1 page) and signed by Magistrate Judge Susan M. Bazis. At a telephone status conference, defense counsel said the defendants need more time for the government to review their requested adjustments to the plea agreement and to discuss its response with their clients, and moved to continue the conference; the government did not object. The Court grants the oral motion, sets a telephonic status conference for 3:30 p.m. on January 11, 2024, 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 # 61 Filed: 12/08/23 Page 1 of 1 - Page ID # 91




                          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 allow the government to review the
proposed adjustments they have requested to the plea agreement and then have time to discuss the
government’s response with their clients. 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 3:30 p.m. on January 11, 2024 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 January 11, 2024, 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 8th day of December, 2023.

                                                       BY THE COURT:

                                                       s/ Susan M. Bazis
                                                       United States Magistrate Judge


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