Case Information
The Honorable Benjamin H. Settle UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA
UNITED STATES OF AMERICA, NO. CR25-5015-BHS Plaintiff, ORDER GRANTING CONTINUANCE
v. OF TRIAL AND OTHER DATES DEREK BERRY JUSTIN CARNES
Defendants.
This Court has considered all the representations made regarding the need for a continuance of the trial date.
THE COURT FINDS that counsel Thomas E. Weaver was appointed to represent Mr. Berry on October 15, 2025. Trial is currently scheduled for December 2, 2025. Defendant Justin Carnes has scheduled a change of plea for November 4, 2025 and has voiced no objection to the continuance of the current trial date. This is a complex case involving over 2,900 Bates-stamped documents. Counsel for Mr. Berry is currently scheduled to be engaged in another federal trial on November 10, 2025, and has provided a declaration stating that, based on his other case responsibilities, he would be unable to adequately prepare for trial by the current trial date. [1] Based on these facts, and for all the other reasons set forth by the parties, the Court finds that the failure to grant a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
THE COURT FURTHER FINDS, considering the complexity of this case due to the nature of the prosecution and the charges contained in the Indictment, that it would be unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself without a continuance of the trial and pretrial motions dates. See id. § 3161(h)(7)(B)(ii).
THE COURT FURTHER FINDS, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B), that the ends of justice served by continuing the trial in this case outweigh the interest of the public and of the defendant in a more speedy trial.
NOW, THEREFORE, IT IS HEREBY ORDERED that the trial date will be continued from December 2, 2025 to April 21, 2026. The period of time from the date of this Order, up to and including the new trial date, shall be excludable time under 18 U.S.C. § 3161(h)(7)(A) and § 3161(h)(6).
IT IS FURTHER ORDERED that all pretrial motions will be filed no later than March 13, 2026. The Pretrial Conference is reset to April 13, 2026 at 1:30pm.
IT IS FURTHER ORDERED that the United States has until February 20, 2026, to provide notice of expert testimony that it intends to use in its case in chief, pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G)(i).
IT IS FURTHER ORDERED that the defense has until February 27, 2026, to provide notice of expert testimony that it intends to use, pursuant to Federal Rule of Criminal Procedure 16(b)(1)(C)(i).
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IT IS FURTHER ORDERED that the United States has until March 4, 2026, to provide notice of expert testimony that it intends to use in rebuttal to counter expert testimony that the defense has disclosed, pursuant Federal Rule of Criminal Procedure 16(a)(1)(G)(i).
DATED this 31st day of October, 2025.
_________________________________ HON. BENJAMIN H. SETTLE UNITED STATES DISTRICT COURT JUDGE Presented by:
ZACHARY W. DILLON
MAX B. SHINER
Assistant United States Attorney
[1] Mr. Weaver no longer has a case going to trial on November 10, 2025. 428-3800