USA v. Hernandez et al

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America,
Plaintiff
v. 	Case No. 09-cr-88-01//03/05/07-SM
Juan Garcia Hernandez, Marco Garcia,
Ciro Lopez Garcia and Adolfo Casas,
Defendants
O R D E R
Defendant Tomas Cruz’s motion to continue the trial is granted
(document no. 116). Trial/Jury Selection has been rescheduled for April 6,
2010 at 9:30 a.m. Evidence will commence the following week on Monday,
April 12, 2010, at 9:00 a.m. 	The objection was orally withdrawn by Attorney
Kennedy at the final pretrial conference held on February 9, 2010. It is
anticipated by the parties that two defendants (represented by Attorneys Gleason
and Kennedy) will proceed with trial as scheduled. All defendants, however, are
to be prepared to go forward with trial on the assigned date absent earlier
dispositions
The Court finds that the ends of justice served by granting a continuance
outweigh the best interest of the public and the defendants in a speedy trial,
18 U.S.C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would
unreasonably deny the defendants the reasonable time necessary for effective
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preparation taking into account the exercise of due diligence under the
circumstances.
SO ORDERED. 	______________________
Steven J. McAuliffe
Chief Judge
February 9, 2010
cc: 	Michael Iacopino, Esq.
Donald A. Kennedy, Esq.
Andrew M. Kennedy, Esq.
James D. Gleason, Esq.
James P. O’Rourke, Esq.
Richard Monteith, Esq.
Terry Ollila, AUSA
U.S. Marshal
U.S. Probation
2
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