United States v. Harker

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CLAYTON HARKER, Defendant.

Court: United States District Court, Western District of Washington

Date published: Jul 14, 2023

2:23-cr-00007-RAJ (W.D. Wash. Jul. 14, 2023)

Opinion

2:23-cr-00007-RAJ

07-14-2023

UNITED STATES OF AMERICA, Plaintiff, v. CLAYTON HARKER, Defendant.

RICHARD A. JONES, UNITED STATES DISTRICT JUDGE

ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DEADLINE

RICHARD A. JONES, UNITED STATES DISTRICT JUDGE

THE COURT has considered Clayton Harker's unopposed motion 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 in this case would deny counsel for the defendant the reasonable time necessary for effective preparation due to counsel's need for more time to review the evidence, consider possible defenses, and gather evidence material to the defense, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv); and

(b) a failure to grant such a continuance in this proceeding 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 defendant has requested more time to prepare for trial, to investigate the matter, to gather evidence material to 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 defendant in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and

(e) the additional time requested between the current trial date of August 21, 2023, and the new trial date is necessary to provide counsel for the defendant the reasonable time necessary to prepare for trial, considering counsel's schedule and all of the facts set forth above.

IT IS THEREFORE ORDERED that the unopposed motion (Dkt. 22) is GRANTED. The trial date in this matter is continued to November 27, 2023. All pretrial motions, including motions in limine, shall be filed no later than October 19, 2023.

IT IS FURTHER ORDERED that the period of delay from the date of this order to the new trial date of November 27, 2023, is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).