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UNITED STATES OF AMERICA v. JOEY HANCOCK.

ORDER

W. PEPPER JR., District Judge

This cause is before the Court on the defendant's Motion for Continuance [234]. The Court, having reviewed the motion and being otherwise fully advised in the premises, finds as follows, to-wit:

The defendant seeks a continuance of the trial set to commence on July 20, 2009. In support of the motion, defense counsel avers that he has had insufficient time to devote to trial preparation due to his obligations in numerous other matters. Furthermore, the defendant seeks a continuance in order to permit him to continue negotiations with the United States in an effort to reach a plea agreement. The government is unopposed to the requested continuance. Based on the foregoing, the Court finds that the defendant's motion is well-taken and should be granted.

The above circumstances enable the Court to exclude, pursuant to 18 U.S.C. § 3161(h)(7)(A), the period of delay from July 20, 2009 until the new trial date to be set in this matter. The time is excludable under subsection (h)(7)(A) because, given the circumstances described above, a continuance is necessary to permit defendant to finalize his agreement with the government, thereby avoiding the necessity of a trial. Therefore, the ends of justice served by the granting of this continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS, THEREFORE, ORDERED AND ADJUDGED that

1. The defendant's Motion for Continuance [234] is GRANTED;
2. That the trial of this matter is continued until Monday, August 24, 2009 at 9:00 a.m. in the United States District Courthouse in Greenville, Mississippi; multiple voir dire is to be held at the same time and place;
3. That the delay from July 20, 2009 until August 24, 2009 is excluded as set out above;
4. That the deadline for filing pretrial motions is August 3, 2009;
5. That the deadline for submitting a plea agreement is August 10, 2009.

SO ORDERED.

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U.S. v. HANCOCK
(Jul 2, 2009)