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ORDER GRANTING SECOND JOINT MOTION TO CONTINUE TRIAL DATE

AND TO RESCHEDULE PRETRIAL MOTIONS/GONSALEZ-REYES/CASTILLO-ROJAS - 1

(GONSALEZ-REYES.CONT2.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Judge Robart

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) NO. CR05-329JLR

)

 v. )

) ORDER GRANTING SECOND JOINT

RAMON GONSALEZ-REYES and ) MOTION TO CONTINUE TRIAL 

ERNESTO CASTILLO-ROJAS, ) DATE AND TO RESCHEDULE

a/k/a Teodulpho Castillo-Rojas, ) PRETRIAL MOTIONS

)

Defendants. ) 

 _________________________________)

THIS MATTER having come before the Court on the joint motion of the parties

for an order continuing the trial date in this cause and rescheduling pretrial motions, and

the Court having reviewed the motion and the balance of the records and files herein, the

Court now finds and rules as follows:

On August 25, 2005, defendants Ramon Gonsalez-Reyes and Ernesto CastilloRojas, a/k/a Teodulpho Castillo-Rojas, were charged by Complaint with distribution of

500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B);

distribution of five grams or more of methamphetamine, in violation of 21 U.S.C. 

§§ 841(a)(1) and 841(b)(1)(B); and possession of five hundred grams or more of

methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and

841(b)(1)(A). On September 7, 2005, the defendants were indicted on the same charges. 

They appeared before Magistrate Judge Mary Alice Theiler on September 8, 2005, for

Case 2:05-cr-00329-JLR Document 38 Filed 11/21/05 Page 1 of 4
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ORDER GRANTING SECOND JOINT MOTION TO CONTINUE TRIAL DATE

AND TO RESCHEDULE PRETRIAL MOTIONS/GONSALEZ-REYES/CASTILLO-ROJAS - 2

(GONSALEZ-REYES.CONT2.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

arraignment. Pretrial motions were due on September 29, 2005, and trial was scheduled

to begin on November 15, 2005. Both defendants have been ordered detained pending

trial.

On October 4, 2005, the Court granted the defendants’ unopposed motions to

continue the deadline for filing pretrial motions from September 29, 2005, to October 13,

2005.

On October 17, 2005, subsequent to the appearance of new counsel for the

United States, the Court granted the joint motion of the parties to continue the trial date to

December 13, 2005. Since that date, the parties have engaged in a discovery conference

and supplemental discovery materials have been produced to defense counsel by the

United States. In addition, critical laboratory results were received by the United States

only recently. Accordingly, counsel have agreed that additional time is required to

evaluate the discovery materials. In addition, counsel for defendant Ramon GonsalezReyes has a scheduling conflict with the December 13, 2005, trial date. The parties have

agreed that the trial date should be continued in order to ensure all counsel the reasonable

time necessary for effective preparation, taking into account the exercise of due diligence,

and to ensure the continuity of defense counsel for defendant Gonsalez-Reyes.

It appearing to the Court that the failure to grant the requested continuance would

effectively deny all counsel the reasonable time necessary for effective preparation,

taking into account the exercise of due diligence, and further deny defendant GonsalezReyes continuity of counsel, and it further appearing to the Court that the ends of justice

served by granting the requested continuance outweigh the interest of the public and the

defendants in a speedy trial,

IT IS HEREBY ORDERED that the joint motion of the parties to continue the trial

date is GRANTED.

IT IS FURTHER ORDERED that the Government’s response to the pending

suppression motion filed on behalf of defendant Ernesto Castillo-Rojas, a/k/a Teodulpho

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ORDER GRANTING SECOND JOINT MOTION TO CONTINUE TRIAL DATE

AND TO RESCHEDULE PRETRIAL MOTIONS/GONSALEZ-REYES/CASTILLO-ROJAS - 3

(GONSALEZ-REYES.CONT2.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Castillo-Rojas shall be due on or before January 19, 2006. The motion shall be renoted

on the Court’s motion calendar for January 20, 2006.

IT IS FURTHER ORDERED that the trial date shall be continued from Tuesday,

December 13, 2005, to Tuesday, February 21, 2006.

////

////

////

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ORDER GRANTING SECOND JOINT MOTION TO CONTINUE TRIAL DATE

AND TO RESCHEDULE PRETRIAL MOTIONS/GONSALEZ-REYES/CASTILLO-ROJAS - 4

(GONSALEZ-REYES.CONT2.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

IT IS FURTHER ORDERED that the period of delay from until December 15,

2005, to February 21, 2006, is excludable time pursuant to 18 U.S.C. § 3161(h)(8)(A), 

for the purpose of computing the time limitations imposed by the Speedy Trial Act, 

18 U.S.C. §§ 3161-3174.

DATED this 21st of November, 2005.

A JAMES L. ROBART

United States District Judge

Presented by:

s/ LEONIE G.H. GRANT 

LEONIE G.H. GRANT

Assistant United States Attorney

WSBA #12670

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

Telephone: 206-553-7970

Fax No.: 206-553-0755

E-Mail: Lee.Grant@usdoj.gov

s/ MATTHEW T. HALE per authorization s/ ROBERT M. LEEN per authorization

Matthew T. Hale Robert M. Leen

Attorney for Defendant Ramon Attorney for Defendant Ernesto CastilloGonsalez-Reyes Rojas, a/k/a Teodulpho Castillo-Rojas

WSBA # 28041 WSBA #14208

506 Second Avenue, Suite 1010 600 University Street, Suite 3310

Seattle, Washington 98104 Seattle, Washington 98101-4172

Telephone: (206) 622-9972 Telephone: (206) 748-7818

Fax: (206) 622-9973 Fax: (206) 748-7821

E-mail: halelaw@qwest.net E-mail: bob@leenlaw.com

Case 2:05-cr-00329-JLR Document 38 Filed 11/21/05 Page 4 of 4