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United States v. Mendoza

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION


January 14, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CRUZ ESQUIVEL MENDOZA, A/K/A DANIEL ESQUIVEL DEFENDANT.

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

ORDER GRANTING TENTH MOTION TO CONTINUE

Defendant moves for a 30-day continuance in the above-captioned case. Docket 36. Defendant requests this continuance to allow him additional time to locate witnesses, complete the investigation, and prepare for trial. The Government does not object to this continuance and notifies the Court that it expects this case to resolve without trial. 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. However, the Court has already warned the parties that it would not grant another continuance in this case. The Court now notifies the parties that the deadline for a plea agreement is February 10, 2009, and failure to file a plea agreement by that date will not be excused by this Court. This Court will not continue the jury trial in this case under any circumstances. Based on the foregoing, it is therefore

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

Applications for Writ of February 3, 2009 Habeas Corpus Ad Testificandum Other motions February 10, 2009 Responses to motions due Within five days after motion is filed Subpoenas for trial February 10, 2009 Plea agreement or petition to February 10, 2009 plead and statement of factual basis Notify court of status of case February 10, 2009 Motions in limine February 17, 2009 Proposed jury instructions due February 17, 2009 Jury trial Tuesday, February 24, 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.

20090114

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