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

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Jeffrey S. Draper, Defendant. Upon motion of the defendant for sixth request for trial continuance, no objection from the government, and good cause appearing therefore, IT IS HEREBY ORDERED that the defendant's Motion to Continue Trial is granted pursuant to 18 U.S.C. § 3161(h)(8)(A). This Court specifically finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial. This finding is based upon the Court's conclusion that the failure to grant such a continuance would deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv). IT IS FURTHER ORDERED that the trial in this case set for August 23, 2005 is continued to October 25, 2005 at 9:00 a.m. in Phoenix, Arizona. ... No. CR-04-1174-PHX-MHM ORDER (Sixth Request)

Case 2:04-cr-01174-MHM

Document 28

Filed 08/17/2005

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IT IS FURTHER ORDERED that any subpoenas previously issued and served in this matter remain in effect and are answerable at the new trial date and the party who served the subpoena should advise the witnesses of the new trial date. IT IS FURTHER ORDERED that excludable delay in CR-CR-041174-PHX-MHM under Title 18 U.S.C. § 3161(h)(8)(A) will commence on 8/10/05 for a total of 76 days.
DATED this 15th day of August, 2005.

Case 2:04-cr-01174-MHM

Document 28

Filed 08/17/2005

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