Case 1:08-cr-00404-SO

Document 9

Filed 11/03/2008

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff v. ANTUN LEWIS, Defendant

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Case No.: 1:08 CR 404 JUDGE SOLOMON OLIVER, JR.

ORDER

The United States of America will be seeking approval of the Attorney General of the United States to seek the death penalty against the Defendant In the within case. The United States has begun the process of sharing certain discovery information with counsel for Defendant. After receipt and review of that information, counsel for Defendant will begin their preparation for opposing the death penalty which they will submit to the Attorney General of the United States. Preparation for the case in general cannot fully begin until the issue of whether the United States will be able to pursue the death penalty is resolved. Further, if the Attorney General approves the seeking of the death penalty, then it will be necessary for defense counsel to not only defend the merits of the case, but to prepare for the mitigation phase of the case should the Defendant be found guilty. In light of these facts and circumstances, and the information presented to the court by counsel for both parties at the arraignment in this case on October 30, 2008, the court hereby declares that this case is complex pursuant to 18 U.S.C. § 3161(h)(3)(B)(8)(B)(i). It is not reasonable to expect that adequate

Case 1:08-cr-00404-SO

Document 9

Filed 11/03/2008

Page 2 of 2

representation for the pretrial and trial proceedings can be accomplished within the time limits established by statute. Therefore, the court declares on its own motion that under 18 U.S.C. § 3161(h)(8)(A) and (B), the ends of justice served by continuance of trial outweigh the best interests of the public and the Defendant in a speedy trial. IT IS SO ORDERED.

/s/ SOLOMON OLIVER, JR. UNITED STATES DISTRICT JUDGE

November 3, 2008

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