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United States v. Thompson, 2:19-CR-159-RSL. (2020)

Court: District Court, D. Washington Number: infdco20200206e48 Visitors: 6
Filed: Feb. 05, 2020
Latest Update: Feb. 05, 2020
Summary: ORDER GRANTING MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DEADLINE ROBERT S. LASNIK , District Judge . This matter comes before the Court on the parties' "Stipulated Motion to Continue Trial and Pretrial Motions Deadline." Dkt. #78. Having considered the facts set forth in the motion, and defendant's knowing and voluntary waiver, the Court finds as follows: 1. The Court adopts the facts set forth in the motion; specifically, that the nature of this case is complex, and that defense coun
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ORDER GRANTING MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DEADLINE

This matter comes before the Court on the parties' "Stipulated Motion to Continue Trial and Pretrial Motions Deadline." Dkt. #78. Having considered the facts set forth in the motion, and defendant's knowing and voluntary waiver, the Court finds as follows:

1. The Court adopts the facts set forth in the motion; specifically, that the nature of this case is complex, and that defense counsel needs additional time to review the voluminous discovery and to prepare for trial. The Court accordingly finds that a failure to grant a continuance would deny counsel, and any potential future counsel, the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, within the meaning of 18 U.S.C. § 3161(h)(7)(B)(iv).

2. The Court finds that a failure to grant a continuance would likely result in a miscarriage of justice, as set forth in 18 U.S.C. § 3161(h)(7)(B)(i).

3. The Court finds that the additional time requested between March 2, 2020, and the proposed trial date of October 19, 2020 is a reasonable period of delay, as defense counsel needs additional time to review discovery. The Court finds that this additional time is necessary to provide defense counsel reasonable time to prepare for trial, considering all the facts set forth above.

4. The Court further finds that this continuance would serve the ends of justice, and that these factors outweigh the best interests of the public and defendant in a speedier trial, within the meaning of 18 U.S.C. § 3161(h)(7)(A).

5. Defendant has signed a waiver indicating that she has been advised of her right to a speedy trial and that, after consulting with counsel, she has knowingly and voluntarily waived that right and consented to the continuation of her trial to a date up to and including November 2, 2020, Dkt. #79, which will permit trial to start on October 19, 2020, per the parties' request.

IT IS HEREBY ORDERED that the trial date be continued from March 2, 2020 to October 19, 2020.

IT IS FURTHER ORDERED that the pretrial motions deadline be continued to August 24, 2020.

IT IS FURTHER ORDERED that the period of time from the current trial date of March 2, 2020, up to and including November 2, 2020, shall be excludable time pursuant to 18 U.S.C. § 3161, et seq. The period of delay attributable to this filing and granting of this motion is excluded for speedy trial purposes pursuant to 18 U.S.C. §§ 3161(h)(1)(D), (h)(7)(A), and (h)(7)(B).

Source:  Leagle

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