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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE

AT WINCHESTER

UNITED STATES OF AMERICA

v.

VICTOR J. STITT, II

Case No. 4:12-cr-19

MATTICE / LEE

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ORDER

Before the Court is Defendant’s motion to continue the hearing on Defendant’s motion to

suppress [Doc. 70], which is currently scheduled for June 19, 2013. For cause, Defendant counsel,

John H. Cameron , Jr. states that he has previously set matters scheduled in Marion County Circuit

Court and has been unable to arrange for another attorney to handle these matters set on June 19,

2013 in Marion County Circuit Court. The government has no objection to defendant’s motion for

continuance of the hearing.

The Speedy Trial Act (the “Act”) requires that a defendant’s trial commence within 70 days

of his initial appearance. 18 U.S.C. § 3161(c)(1). That 70-day period, however, may be tolled by

several events, including delays caused by a pretrial motion. Id. § 3161(h)(1)(D). In addition, a

defendant has a right to speedy trial under the Sixth Amendment. Barker v. Wingo, 407 U.S. 514,

515 (1972). The constitutional inquiry requires an ad hoc balancing of the rights of the accused

against society’s interest in the delay. Id. at 530. Courts are guided in this balancing test by several

factors: the reason for and length of the delay, the defendant’s assertion of his right, and prejudice

to the defendant. Id.

Here, the delay is relatively short; the reason for the delay is legitimate; and the government

has no objection to the continuance. Because these factors favor the continuance, the motion [Doc.

70] is GRANTED.

Accordingly, the Court gives NOTICE that an evidentiary hearing will be held on the

motion to suppress filed by Defendant [Doc. 66] before U.S. Magistrate Judge Susan K. Lee on

Wednesday, June, 26, 2013 at 9:00 a.m. [EASTERN], 4th Floor Courtroom, 900 Georgia Avenue,

in Chattanooga, Tennessee.

SO ORDERED.

ENTER:

s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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