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United States v. Lazcon

United States District Court, E.D. Wisconsin

March 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE E. LAZCON and DERRICK L. HARRIS, Defendants.

          SECOND AMENDED TRIAL SCHEDULING ORDER

          J.P. Stadtmueller U.S. District Judge.

         On October 3, 2017, this case was filed with the Court and was assigned to this branch for further proceedings. The trial was originally scheduled for January 2, 2018, but the Court granted an adjournment of that date at the request of Defendant Derrick L. Harris (“Harris”) so that he could obtain ballistics testing on the subject vehicle in this case. (Docket #66).

         Harris has returned with a second request for an adjournment in light of the busy schedule of his ballistics expert, John Nixon. (Docket #88). Magistrate Judge Nancy Joseph recently recommended that the Court allow a second adjournment of the trial date, though not for the length of time Harris had requested. (Docket #92). Harris objected, (Docket #96), and in response the government has conceded that a date within Harris' desired timeframe is appropriate, (Docket #98). The Court will, therefore, overrule the magistrate's recommendation in this regard and will select a trial date from among the parties' jointly proposed dates.

         Accordingly, IT IS HEREBY ORDERED that Defendant Derrick L. Harris' objection to Magistrate Judge Nancy Joseph's February 23, 2018 report and recommendation (Docket #96) be and the same is hereby SUSTAINED;

         IT IS FURTHER ORDERED that Magistrate Judge Nancy Joseph's recommendation as to Defendant Derrick L. Harris' second motion to continue the trial in this case (Docket #92) be and the same is hereby ADOPTED IN PART as stated herein;

         IT IS FURTHER ORDERED that Defendant Derrick L. Harris' motion to continue the trial in this case (Docket #88) be and the same is hereby GRANTED;

         IT IS FURTHER ORDERED as follows:

         The following proceedings in this case have been set and will be held before the Honorable J.P. Stadtmueller in the United States Courthouse, 517 East Wisconsin Avenue, Room 425, Milwaukee, Wisconsin 53202:

         FINAL PRETRIAL

         CONFERENCE: Tuesday, August 14, 2018 at 8:30 AM

         JURY TRIAL: Monday, August 20, 2018 at 8:30 AM

         No further extensions of these dates will be considered for any reason.

         In accordance with 18 U.S.C. § 3161(h)(7)(A), the Court finds that, to permit sufficient time for Defendant Derick L. Harris' ballistic expert, the ends of justice outweigh the best interest of the public and the defendants in a speedy trial; the Court further finds that the time between the issuance of this Order and the August 20, 2018 trial date is excludable from any applicable calculation under the Speedy Trial Act.

         Counsel for the defendants are directed to notify their clients of the date and time of the above scheduled court proceedings. It is the responsibility of the assigned Assistant U.S. Attorney, in consultation with the defendants' attorneys, pretrial services, U.S. Marshals Service, state authorities, and/or the Bureau of Prisons, to ascertain the custodial status of the defendants and take all ...


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