Free Motion to Vacate - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Upon review of Defendant's Motion to Vacate Evidentiary Hearing and 16 Motion for Status Hearing, there being no objection from the government, and good 17 cause appearing, 18 IT IS HEREBY ORDERED vacating the evidentiary hearing currently 19 scheduled for January 14, 2008, at 3:30 P.M. 20 This court specifically finds that the ends of justice served by taking this 21 22 action outweigh the best interest of the public and the defendant in a speedy trial. 23 This finding is based on the court's conclusion that the failure to grant such a 24 continuance would unreasonably deny the defendant continuity of counsel and would 25 26 27 28 deny the attorney for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. § 3161(h)(8)(b)(IV). 18 U.S.C. 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

Case 2:04-cr-00758-SRB

Document 84-2

Filed 01/11/2008

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IT IS FURTHER ORDERED setting this matter for a status hearing

2 regarding the trial date in Mr. Nelson's companion case, CR-07-1349-PHX-SRB, for 3 _______________________, 2008, at ________ A.M. / P.M. 4 IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. 5 § 3161(h) will commence on for a total of 6 7 days. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Honorable Susan R. Bolton United States District Judge DATED this _____ day of January 2008.

Case 2:04-cr-00758-SRB

Document 84-2

Filed 01/11/2008

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