Opinion
No. CR05-0452RSM.
February 23, 2006
ANDREW C. FRIEDMAN, Assistant United States Attorney, Seattle, Washington, United States Attorney's Office.
GILBERT H. LEVY, Counsel for KELLY A. DONALDSON, Seattle, Washington.
LEE A. COVELL, Counsel for ANTHONY A. EDWARDS, Seattle, Washington.
TIMOTHY S. McGARRY, Counsel for LEROY D. McWILLIAMS, Seattle, Washington.
STEWART P. RILEY, Counsel for TRACY D. McWILLIAMS, Seattle, Washington.
ORDER CONTINUING TRIAL
The Court has considered the Joint Motion filed by the Government and KELLY A. DONALDSON, ANTHONY A. EDWARDS, LEROY D. McWILLIAMS, and TRACY D. McWILLIAMS pursuant to 18 U.S.C. § 3161(h)(8)(A) concerning a continuance of the trial in this case:
The Court finds that this is a complex case involving extensive discovery. The Court further finds that the Government recently has discovered evidence of additional fraud committed by one or more of the Defendants.
The Court further finds that continuing the trial in this case is necessary to allow defense counsel adequate time to investigate both the original and the newly-discovered fraud, and to prepare effectively for trial.
The Court further finds, pursuant to 18 U.S.C. § 3161(h)(8)(A), that the ends of justice served by continuing the trial in this case outweigh the interest of the public and of the Defendants in a more speedy trial.
IT IS, THEREFORE, ORDERED that the trial in this case shall be continued until May 22, 2006, and that the period of time from February 27, 2006, up to and including May 22, 2006, shall be excludable time under 18 U.S.C. § 3161(h)(8)(A); and
IT IS FURTHER ORDERED that the deadline for filing pretrial motions in this case shall be April 7, 2006, and that responses to motions shall be due April 21, 2006.