United States v. Hayes

3:07-cr-00154 | N.D. Miss. | Oct 19, 2007

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION UNITED STATES OF AMERICA, VS. CRIMINAL ACTION NO. 3:07CR154-P-A JAMIE HAYES, ALI TAHER OBAD, and SHEILA AL-SANABANI, DEFENDANTS.

ORDER CONTINUING TRIAL This matter comes before the court upon Defendant Ali Obad’s Motion to Continue Trial [35]. After due consideration of the motion, the court finds as follows, to-wit: Trial is currently set for November 5, 2007. Defense counsel requests a continuance in order to allow him additional time to review the supplemental discovery that the Government has indicated it will provide.

The Government has no objection to the continuance. The above circumstances enable the Court to exclude, pursuant to 18 U.S.C. section

3161(h)(8)(A), the period of delay from November 5, 2007 until the new trial date to be set in this matter. The time is excludable under subsection (h)(8)(A) because, given the circumstances described above, a continuance is necessary to afford the defendant’s counsel more time to adequately prepare for his client’s defense. As such, the ends of justice served by the granting of this continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS THEREFORE ORDERED AND ADJUDGED that: (1) Defendant’s Motion for Continuance [35] is GRANTED ; (2) Trial of this matter is continued as to all Defendants until Monday, December 3, 2007 at

1 9:00 a.m. in the United States Courthouse in Greenville, Mississippi; (3) The delay from November 5, 2007 to December 3, 2007 is excluded from Speedy Trial

Act considerations as set out above; (4) The deadline for filing pretrial motions is November 12, 2007; and (5) The deadline for submitting a plea agreement is November 19, 2007. SO ORDERED this the 19 th day of October, A.D., 2007.

/s/ W. Allen Pepper, Jr.

W. ALLEN PEPPER, JR.

UNITED STATES DISTRICT JUDGE

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