Opinion
CR23-00074 RSM
06-13-2023
UNITED STATES OF AMERICA Plaintiff, v. DION COOPER and DEONDRE PHILLIPS, Defendant.
Brent Hart WSBA 30368 Attorney for Phillips
Brent Hart
WSBA 30368
Attorney for Phillips
[PROPOSED] ORDER GRANTING STIPULATED MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DEADLINE
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
THE COURT has considered the stipulated motion of defense counsel to continue the trial date and pretrial motions deadline and finds that:
(a) Taking into account the exercise of due diligence, a failure to grant a continuance would deny counsel for the defendants the reasonable time necessary for effective preparation, due to counsels' need for more time to review evidence, consider possible defenses, and gather evidence material for the defense as set forth in 18 U.S.C. §3161(h)(7)(B)(iv); and
(b) 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); and
(c) the additional time requested is a reasonable period of delay, as the defendants have requested more time to prepare for trial, to investigate the matter, to gather evidence for the defense and to consider possible defenses; and
(d) the ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and the defendants in any speedier trial as set forth by 18 U.S.C. . § 3161(h)(7)(A); and
(e) the additional time requested between the July 10, 2023 and the new trial date is necessary to provide counsel for the defendants reasonable time to prepare for trial considering counsels' schedule and all of the facts set forth above.
(f) The period of delay from the date of this order to the new trial date is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).
IT IS THEREFORE ORDERED that the trial date in this matter shall be continued to March 25, 2024, and that the pretrial motions shall be filed no later than February 8, 2024.