1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

SCHEDULING ORDER/HABTAI (CR05-0316JLR) - 1 (206) 553-7970

Judge James L. Robart

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR05-0316JLR

Plaintiff, )

)

v. ) ORDER CONTINUING TRIAL

)

LUAL HABTAI, )

)

Defendant. ) )

The Court having conducted a hearing on January 4, 2006, concerning

scheduling in this case at which Government counsel, LUAL HABTAI, and HABTAI’s

counsel, Jesse Cantor, all were present:

THE COURT FINDS that, on November 23, 2005, HABTAI entered a guilty

plea to a charge of Possession of Cocaine Base, in violation of 21 U.S.C. §844(a);

THE COURT FURTHER FINDS that HABTAI subsequently sought to

withdraw that plea;

THE COURT FURTHER FINDS that the Court held a hearing on December

21, 2005, at which the Court permitted HABTAI to withdraw his plea of guilty and

permitted HABTAI’s then-counsel, Michael Martin, to withdraw from the case;

THE COURT FURTHER FINDS that the Court subsequently appointed Jesse

Cantor to serve as counsel for HABTAI;

THE COURT FURTHER FINDS that Jesse Cantor represented at the hearing on

January 4, 2006, that he requires at least 60 days to investigate this case and to prepare

for trial;

Case 2:05-cr-00316-JLR Document 57 Filed 01/09/06 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

SCHEDULING ORDER/HABTAI (CR05-0316JLR) - 2 (206) 553-7970

THE COURT FURTHER FINDS that allowing Jesse Cantor that much time is

necessary to allow him adequate time to investigate and effectively to prepare for trial;

THE COURT FURTHER FINDS that Government counsel, Jesse Cantor, and

the Court all are available to try this case on March 21, 2006;

THE COURT FURTHER FINDS that HABTAI orally waived his right at the

hearing on January 4, 2006, to have a trial prior to March 21, 2006; and

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 until March 21, 2006,

outweigh the interest of the public and of the defendant in a more speedy trial.

IT IS THEREFORE ORDERED that the trial in this case shall be continued until

March 21, 2006, and that the period of time from December 21, 2005, up to and

including March 21, 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 February 21, 2006, and that responses to motions shall be due February

28, 2006.

DONE this 9th day of January, 2006.

s/James L. Robart

____________________________

JAMES L. ROBART

United States District Judge

Presented by:

s/Andrew C. Friedman 

ANDREW C. FRIEDMAN

Assistant United States Attorney

s/Todd Greenberg 

TODD GREENBERG

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-3903

Telephone: (206) 553-7970

Fax: (206) 553-0755

E-mail: Andrew.Friedman@usdoj.gov

 Todd.Greenberg@usdoj.gov

s/Jesse G. Cantor 

JESSE G. CANTOR

Counsel for Lual Habtai

811 First Avenue, Suite 200

Seattle, Washington 98101

Telephone: (206) 749-5600

Facsimile: (206) 749-5800

Case 2:05-cr-00316-JLR Document 57 Filed 01/09/06 Page 2 of 2