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United States v. Torres

June 29, 2006

UNITED STATES OF AMERICA PLAINTIFF
v.
LUIS A. LEY TORRES MICHAEL JOHN HYDE DEFENDANTS



The opinion of the court was delivered by: Judge Thomas M. Rose

ENTRY AND ORDER CONTINUING TRIAL DATE

This matter comes before the Court pursuant to Joint Oral Motions to continue the trial previously scheduled to begin on July 10, 2006.

The basis for said continuance is that there are presently pending several evidentiary motions that have not been completely briefed and evidentiary issues have arisen that require additional motions to be filed. In addition, counsel has filed a Motion to determine competency of Defendant Torres pursuant to 18 U.S.C. 4241(a).

The Court therefore pursuant to 18 U.S.C. 3161 (h)(8)(A) finds that, based upon the above reasons, the ends of justice are served by the granting of this continuance in this action. The Court would predicate this finding on the fact that (1) the evidentiary issues are extensive and detailed and that respective counsel need additional time to file motions and respond to the motions presently pending, and (2) to allow the competency evaluation process of Defendant Torres to proceed expeditiously pursuant to 18 U.S.C. 4241(a).

Finally, the Court finds that a failure to grant said continuance would be likely to result in a miscarriage of justice and would deny counsel an opportunity to fully address all pending issues and effectively prepare. It would also deny the Defendant's right to be evaluated pursuant to 18 U.S.C. 4241(a).

Defendants' Motion to continue the previously scheduled trial date is GRANTED and the new trial date is set for September 25, 2006 at 9:00 AM, tolling Defendants' rights to speedy trial from June 26, 2006 through September 26, 2006.

IT IS SO ORDERED.

JUDGE THOMAS M. ROSE

20060629

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