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United States v. O'Rourke

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION


February 9, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SAMUEL PATRICK O'ROURKE, DEFENDANT.

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

ORDER GRANTING FIRST MOTION TO CONTINUE

Defendant moves for a continuance in the above-captioned case. Docket 12. Defendant seeks this continuance to provide time to investigate the case and prepare for trial. 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:

Discovery motions February 23, 2009 Suppression/voluntariness March 24, 2009 motions Responses to motions due Within five days after motion is filed Subpoenas for suppression March 24, 2009 hearing Suppression/voluntariness If necessary, shall be held hearing before Magistrate before April 7, 2009 Judge Veronica Duffy Applications for Writ of April 14, 2009 Habeas Corpus Ad Testificandum Other motions April 21, 2009 Responses to motions due Within five days after motion is filed Subpoenas for trial April 21, 2009 Plea agreement or petition to April 21, 2009 plead and statement of factual basis Notify court of status of case April 21, 2009 Motions in limine April 28, 2009 Proposed jury instructions due April 28, 2009 Jury trial Tuesday, May 5, 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.

20090209

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