Free Order on Motion to Vacate - District Court of Arizona - Arizona

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Upon review of Defendant's Motion to Vacate Evidentiary Hearing and Motion vs. Harry Duke Nelson, Defendant. United States of America, Plaintiff, CR-04-758-PHX-SRB ORDER IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 for Status Hearing, there being no objection from the government, and good cause appearing, 17 18 19 20 22 23
scheduled for January 14, 2008, at 3:30 P.M. and resetting the same to April 1, 2008, at 9:00 a.m. to be held in conjunction with Trial in CR 07-1349-1-PHX-SRB set that date and

IT IS HEREBY ORDERED vacating the Evidentiary Hearing currently

21 time.
IT IS FURTHER ORDERED denying Motion for Status Hearing. This court specifically finds that the ends of justice served by taking this action

24 outweigh the best interest of the public and the defendant in a speedy trial. This finding is 25 26 27 28
unreasonably deny the defendant continuity of counsel and would deny the attorney for

based on the court's conclusion that the failure to grant such a continuance would

Case 2:04-cr-00758-SRB

Document 85

Filed 01/11/2008

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1 defendant the reasonable time necessary for effective preparation, taking into account the 2 exercise of due diligence. 18 U.S.C. § 3161(h)(8)(b)(IV). 3 th 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

DATED this 11 day of January, 2008.

Case 2:04-cr-00758-SRB

Document 85

Filed 01/11/2008

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