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United States v. Sander

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Feb 9, 2021
Case No. CR18-125RSL (W.D. Wash. Feb. 9, 2021)

Opinion

Case No. CR18-125RSL

02-09-2021

UNITED STATES OF AMERICA, Plaintiff, v. SARBJEET SANDER, Defendant.


ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS DUE DATE

This matter comes before the Court on defendant's "Unopposed Motion to Continue Trial Pretrial Motions Due Date." Dkt. # 16. Having considered the facts set forth in the motion, and defendant's knowing and voluntary waiver, Dkt. # 18, the Court finds as follows: 1. The Court adopts the facts set forth in the unopposed motion: specifically, that travel restrictions related to COVID-19 imposed by Canada and the United States have prevented defendant (who resides in Canada) from meeting with defense counsel, that these restrictions have made it difficult for defense counsel to review discovery with defendant and otherwise prepare for trial, and that discovery in this case is extensive and includes materials gathered during an investigation that lasted for over one year. Dkt. # 16. 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. Considering the recommendations made by the Centers for Disease Control and Prevention ("CDC") and Public Health for Seattle and King County regarding social distancing measures and restrictions required to stop the spread of disease, at this time it is not possible to proceed with a jury trial in this case. See W.D. Wash. Gen. Order Nos. 15-20, 18-20. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and the impact of the aforementioned public health recommendations on Court operations, the Court finds that a failure to continue the trial date in this case 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 22, 2021 and the proposed trial date of October 18, 2021, is a reasonable period of delay. 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); see also W.D. Wash. Gen. Order Nos. 15-20, 18-20. 5. Defendant has signed a waiver indicating that he has been advised of his right to a speedy trial and that, after consulting with counsel, he has knowingly and voluntarily waived that right and consented to the continuation of his trial to a date up to and including October 31, 2021, Dkt. # 18, which will permit his trial to start on October 18, 2021.

IT IS HEREBY ORDERED that the trial date shall be continued from March 22, 2021, to October 18, 2021, and pretrial motions are to be filed no later than August 20, 2021.

IT IS FURTHER ORDERED that the period of time from the current trial date of March 22, 2021, up to and including the new trial date, shall be excludable time pursuant to the Speedy Trial Act, 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)(i), (iv).

IT IS SO ORDERED.

DATED this 9th day of February, 2021.

/s/_________

Robert S. Lasnik

United States District Judge


Summaries of

United States v. Sander

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Feb 9, 2021
Case No. CR18-125RSL (W.D. Wash. Feb. 9, 2021)
Case details for

United States v. Sander

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. SARBJEET SANDER, Defendant.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Date published: Feb 9, 2021

Citations

Case No. CR18-125RSL (W.D. Wash. Feb. 9, 2021)