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

1 2 3 4 5 6 7 8 9 10 11 United States of America, 12
MARK J. BERARDONI ATTORNEY AT LAW

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

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) ) Plaintiff, ) ) ) v. ) ) ) Ed Preston (04), ) ) Defendant. ) ____________________________________)

CR04-01018-04-PHX-JAT ORDER TO CONTINUE TRIAL AS TO ED PRESTON (6th request)

Upon motion of the Government, Defendant having no objection, and good cause

19 appearing, to wit: defendant to participate in a pretrial diversion program, 20

IT IS HEREBY ORDERED granting Government's Motion to Continue Trial as to

21 Ed Preston pursuant to 18 U.S.C.§3161(h)(8)(A). This court specifically finds that the ends 22 of justice served by granting a continuance outweigh the best interest of the public and the 23 defendant. This finding is based upon the court's conclusion that the failure to grant such 24 a continuance would deny the defendant the reasonable time necessary for effective 25 preparation, taking into account the exercise of due diligence. 18 U.S.C.§3161(h)(8)(B)(iv). 26

IT IS ORDERED continuing trial from January 3, 2005 to June 5, 2007 at 9:00 a.m.

27 (Courtroom 503), in Phoenix, Arizona. 28 Case 2:04-cr-01018-JAT Document 114 Filed 12/13/2005 Page 1 of 2

1 2 3 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 Case 2:04-cr-01018-JAT Document 114 -2Filed 12/13/2005 Page 2 of 2

IT IS FURTHER ORDERED vacating the Status Conference set for December 14, 2005 at 4:00 p.m. IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. §3161(h)(8)(A) is found to commence on 1/4/06 through 6/5/2007, for a period of 517 days. If the defendant fails to satisfactorily complete the diversion program, Government shall notify the Court and request the case be expedited on the court's calendar for trial. DATED this 13th day of December, 2005.