U.S. v. GUZMAN

No. 8:16CR308.

UNITED STATES OF AMERICA, Plaintiff, v. DIANA GUZMAN, ROEL LEMUS GARCIA, Defendant.

United States District Court, D. Nebraska.


Attorney(s) appearing for the Case

Roel Lemus Garcia, Defendant, represented by A. Michael Bianchi , BIANCHI LAW FIRM.

Diana Guzman, Defendant, represented by Deborah D. Cunningham , DEBORAH CUNNINGHAM.

USA, Plaintiff, represented by Kimberly C. Bunjer , U.S. ATTORNEY'S OFFICE.


ORDER

MICHAEL D. NELSON, Magistrate Judge.

This matter is before the court on the defendant Guzman's Motion to Continue Trial [52]. Co-defendant's counsel has recently been appointed and needs additional time to negotiate a plea with the government. Defendant shall comply with NECrimR 12.1(a). For good cause shown,

IT IS ORDERED that the Motion to Continue Trial [52] is granted as follows:

1. The jury trial, for both defendants, now set for July 25, 2017 is continued to September 26, 2017.

2. The defendant shall file an affidavit required by paragraph 9 of the progression order and NE.CrimR 12.1(a) forthwith.

3. In accordance with 18 U.S.C. § 3161(h)(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between today's date and September 26, 2017, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Failure to grant a continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).


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