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United States v. Bigelow, 2:19-CR-242-RSL. (2020)

Court: District Court, D. Washington Number: infdco20200115k10 Visitors: 4
Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: ORDER GRANTING MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DATES ROBERT S. LASNIK , District Judge . This matter comes before the Court on defendant's "Unopposed Motion to Continue Trial and Pretrial Motions Dates." Dkt. #18. 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 defense counsel needs additional time to review discovery and to
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ORDER GRANTING MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DATES

This matter comes before the Court on defendant's "Unopposed Motion to Continue Trial and Pretrial Motions Dates." Dkt. #18. 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 defense counsel needs additional time to review 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). the proposed trial date of April 20, 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 May 4, 2020, Dkt. #19, which will permit trial to start on April 20, 2020, per the parties' request.

IT IS HEREBY ORDERED that the trial date be continued from January 27, 2020 to April 20, 2020.

IT IS FURTHER ORDERED that the pretrial motions deadline be continued to March 19, 2020.

IT IS FURTHER ORDERED that the period of time from the current trial date of January 27, 2020, up to and including May 4, 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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