United States v. Suttles

UNITED STATES OF AMERICA,

v.CHARLES E. SUTTLES, Defendant.

Case No. 3:13-cr-007

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Dated: March 8, 2013

Judge Timothy S. Black

NOTICE OF CHANGE OF PLEA HEARING

This case came before the Court ON Defendant's Motion to Withdraw Not Guilty Plea and to Schedule a Change of Plea Hearing (Doc. 12). Accordingly, the final pretrial conference of March 21, 2013 and the trial previously set for March 25, 2013 are hereby VACATED and a change of plea hearing is set for March 28, 2013 at 2:30 p.m. in Dayton Courtroom #3.

"A notice of change of plea is a motion requiring a hearing, and as a result, the time from the filing of the notice of hearing through the conclusion of the plea hearing is excludable" from speedy trial calculation. United States v. Moss, 211 F.3d 1271 (6th Cir. 2000) (citing United States v. Jenkins, 92 F.3d 430, 440 (6th Cir. 1996) (stating that "defendant's notice of intent to change plea tolls clock")); see also United States v. Mentz, 840 F.2d 315, 330-32 (6th Cir. 1988); Coviello v. United States, 287 Fed. Appx. 503, 507 (6th Cir. 2008); United States v. Beals, 755 F.Supp.2d 757, 763 (S.D. Miss. Nov. 8, 2010) (stating that "[a] change of plea is treated like a motion for Speedy Trial Act purposes, and since a hearing is required for the court to take a change of plea, the speedy trial clock is tolled from the date the court is notified of the change of plea at least until the date of the hearing"). Accordingly, the time between March 7, 2013 and March 28, 2013 is excluded from the time period set forth in 18 U.S.C. § 3161 within which the United States must bring Defendant to trial.

IT IS SO ORDERED.

______________________

Timothy S. Black

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