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United States v. Means

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION


December 30, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILBERTA MEANS, DEFENDANT.

The opinion of the court was delivered by: Andrew W. Bogue Senior District Judge

ORDER GRANTING MOTION TO CONTINUE

Defendant in the above-captioned case has filed a motion to continue the trial date 30 days as well as a waiver of her speedy trial rights. Docket 165, 166. Defense counsel states that she seeks the continuance to permit more time to investigate issues raised by the Defendant and to prepare for trial. The Government does not object to a continuance. While this indictment is almost two years old, and the Court has a strong interest in resolving this case in light of that fact, the Court finds that the ends of justice served by continuing this trial outweigh the best interests of the public and the Defendant in a speedy trial. Based on the foregoing, it is therefore

ORDERED that Defendant's motion is granted. The following deadlines shall apply:

Suppression/voluntariness January 27, 2009 motions Responses to motions due Within five days after motion is filed Subpoenas for suppression January 27, 2009 hearing Suppression/voluntariness If necessary, shall be held before hearing before Magistrate Judge February 10, 2009 Veronica Duffy Applications for Writ of Habeas February 17, 2009 Corpus Ad Testificandum Other motions February 24, 2009 Responses to motions due Within five days after motion is filed Subpoenas for trial February 24, 2009 Plea agreement or petition to February 24, 2009 plead and statement of factual basis Notify court of status of case February 24, 2009 Motions in limine March 3, 2009 Proposed jury instructions due March 3, 2009 Jury trial Tuesday, March 10, 2009, at 9 a.m.

The period of delay resulting from such continuance is excluded in computing the time within which the trial of the offense must commence. 18 U.S.C. § 3161(h)(8)(A).

All other provisions of the court's standing order remain in effect unless specifically changed herein.

20081230

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