Case Information
*1 Case 3:05-cr-05477-RJB Document 20 Filed 08/03/05 Page 1 of 2 JUDGE FRANKLIN D. BURGESS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) NO. CR05-5477FDB
Plaintiff,
ORDER GRANTING STIPULATED MOTION TO CONTINUE TRIAL DATE AND PRETRIAL MOTIONS DUE DATE vs.
THOMAS JAMES BELL,
Defendant.
Based on the stipulated motion of the parties to continue the trial date, and the affidavit of defense counsel in support of the motion, the Court makes the following findings of fact and conclusions of law:
1. The ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).
2. Proceeding to trial absent adequate time for the defense to prepare would result in a miscarriage of justice. 18 U.S.C. §3161(h)(8)(B)(I).
3. The defense needs additional time to explore issues of some complexity, including all relevant issues and defenses applicable to the case, which would make it unreasonable to expect adequate preparation for pretrial proceedings or for trial itself within the time limits established by the Speedy Trial Act and currently set for this case. 18 U.S.C. § 3161(h)(8)(B(ii). FEDERAL PUBLIC DEFENDER
ORDER GRANTING STIPULATED MOTION 1331 Broadway, Ste. 400 TO CONTINUE TRIAL DATE 1 Tacoma, Washington 98402 United States v. Thomas Bell; CR05-5477FDB (253) 593-6710 *2 Case 3:05-cr-05477-RJB Document 20 Filed 08/03/05 Page 2 of 2 4. Taking into account the exercise of due diligence, a continuance is necessary to allow the defendant the reasonable time for effective preparation his defense. 18 U.S.C. § 3161(h)(8)(B)(iv).
NOW, THEREFORE,
IT IS HEREBY ORDERED that the trial date is continued from August 29, 2005 to November 14, 2005, at 9:00 am. The resulting period of delay from August 29, 2005, up to and including November 14, 2005, is hereby excluded for speedy trial purposes under 18 U.S.C. § 3161(h)(8)(A) and (B).
Pre-trial motions are due no later than September 2, 2005.
DONE this 3 rd day of August, 2005.
/s/ Franklin D Burgess JUDGE FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE Presented By:
/s/ Russell V. Leonard /s/ Gregory Gruber Russell V. Leonard Attorney for Defendant Gregory Gruber
Assistant United States Attorney FEDERAL PUBLIC DEFENDER ORDER GRANTING STIPULATED MOTION 1331 Broadway, Ste. 400 TO CONTINUE TRIAL DATE 2 Tacoma, Washington 98402 United States v. Thomas Bell; CR05-5477FDB (253) 593-6710