Opinion
No. CR05-152RSL.
February 15, 2006
PATRICIA C. LALLY Assistant United States Attorney WA.
ORDER GRANTING TRIAL CONTINUANCE
ORDER
The Court having reviewed the records and files herein, the stipulation of the government and defendant Lam T. Pham, and argument by government and counsel for all defendants, makes the following findings and enters the following order:
1. Additional time is needed for newly-appointed defense counsel to review the discovery in this case, meet with and confer with Defendant and prepare for trial, if necessary.
2. Additional time is needed for newly-appointed defense counsel and the government to meet and confer regarding the possibility of a pre-trial resolution or to prepare for trial.
3. The government has advised that a material witness is unavailable until April 2006.
4. The ends of justice outweigh the best interest of the public and the Defendant and co-defendants in a speedy trial. That failure to grant a continuance based upon defense counsel's need to prepare the matter for trial would result in a miscarriage of justice.
5. The interests of justice and judicial efficiency are best served by keeping all the defendants' cases together for trial.
6. The Government and Lam T. Pham have requested and stipulated to a continuance. Defendant must sign and file a written waiver of speedy trial that will be filed with the Court no later than February 17, 2006. The Court notes that defendants Thang Nguyen and Dung Dinh object to a trial continuance and are not waiving their rights to a speedy trial.
IT IS HEREBY ORDERED that the trial date for all defendants is continued from March 13, 2006, to May 1, 2006.
IT IS FURTHER ORDERED that pursuant to Title 18, United States Code, Section 3161(h), the period of time from the current trial date to the new trial date, for all Defendants, is excluded in the computation of time under the Speedy Trial Act as this is a reasonable period of delay.