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United States v. Horse

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION


January 26, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DALE YELLOW HORSE, DEFENDANT.

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

ORDER GRANTING SECOND MOTION TO CONTINUE

Defendant moves for a two-week continuance in the above-captioned case. Docket 19. Defendant seeks this continuance to provide additional time to complete plea negotiations. The Government does not oppose this motion. 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:

Applications for Writ of January 27, 2009 Habeas Corpus Ad Testificandum Other motions February 3, 2009 Responses to motions due Within five days after motion is filed Subpoenas for trial February 3, 2009 Plea agreement or petition to February 3, 2009 plead and statement of factual basis Notify court of status of case February 3, 2009 Motions in limine February 10, 2009 Proposed jury instructions due February 10, 2009 Jury trial Tuesday, February 17, 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.

20090126

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