ORDER GRANTING MOTION TO CONTINUE PRE-TRIAL 

MOTIONS DEADLINE AND TRIAL DATE - 1 

Law Office of Gabriel I. Banfi 

Plaza Center 

10900 NE 8th St. Suite 1115 

Bellevue, Washington 98004 

(425) 454-7721 

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HONORABLE FRANKLIN D. BURGESS

 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 vs. 

DIONICIO ZURITA-RIOS, 

 Defendant. 

CASE NO.: CR05-5695FDB 

ORDER GRANTING MOTION TO 

CONTINUE PRETRIAL MOTIONS 

DEADLINE AND TRIAL DATE 

ORDER

THE COURT having considered the stipulation of the parties and the reasons stated in 

the Agreed Motion to Continue Pre-Trial Motions Deadline and Trial Date, and the records and 

files herein, the Court hereby makes the following findings and enters the following Order: 

1. The defendant, Dionicio Zurtia-Rios, was indicted in this case on September 

21, 2005 with one count of Conspiracy to Distribute Heroin, 

Methamphetamine, and Cocaine Base; one count of Possession of Heroin 

with Intent to Distribute; one count of Possession of Methamphetamine with 

Intent to Distribute; and one count of Possession of Cocaine Base with Intent 

to Distribute. 

2. Mr. Dionicio Zurita-Rios is currently in custody at the Federal Detention 

Center in SeaTac, Washington. 

Case 3:05-cr-05695-FDB Document 24 Filed 11/02/05 Page 1 of 4
ORDER GRANTING MOTION TO CONTINUE PRE-TRIAL 

MOTIONS DEADLINE AND TRIAL DATE - 2 

Law Office of Gabriel I. Banfi 

Plaza Center 

10900 NE 8th St. Suite 1115 

Bellevue, Washington 98004 

(425) 454-7721 

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3. At the time of his arraignment Mr. Dionicio Zurita-Rios was given a pretrial 

Motions cut off date of October 21, 2005 and a trial date of November 21, 

2005. 

4. The parties have indicated that they have been engaged in good faith efforts 

in discussing pretrial issues, preparing for trial and settlement negotiations. 

5. The Court finds that the parties have acted in good faith and with due 

diligence, and the present Motion is not made for purposes of delay. 

6. The Court finds that a failure to grant the continuance would deny counsel 

the reasonable time necessary for effective preparation, taking into account 

the exercise of due diligence within the meaning of 18 U.S.C. Section 3161 

(h)(8)(A). 

7. The Court further finds that the ends of justice will be served by ordering a 

continuance in this case, that a continuance is necessary to insure effective 

trial preparation and that these factors outweigh the best interests of the 

public in a more speedy trial, within the meaning of 18 U.S.C. Section 3161 

(h)(8)(A). 

IT IS THEREFORE ORDERED that the Pre-Trial Motions deadline date is now 

extended from October 27, 2005 until December 28, 2005 and the Trial date is continued from 

November 21, 2005 until February 21, 2006. 

// 

// 

Case 3:05-cr-05695-FDB Document 24 Filed 11/02/05 Page 2 of 4
ORDER GRANTING MOTION TO CONTINUE PRE-TRIAL 

MOTIONS DEADLINE AND TRIAL DATE - 3 

Law Office of Gabriel I. Banfi 

Plaza Center 

10900 NE 8th St. Suite 1115 

Bellevue, Washington 98004 

(425) 454-7721 

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IT IS FURTHER ORDERED that the period of time from the current Trial date of 

November 21, 2005, up to and including the new Trial date of February 21, 2006, shall be 

excludable time pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161 et seq. 

 Dated this 2nd day of November, 2005. 

 _/s/ Franklin D Burgess _____________ 

The Honorable Franklin D. Burgess 

United States District Court Judge 

Presented by: 

S/ Gabriel I. Banfi 

__________________ 

Gabriel I. Banfi 

WSBA # 17810 

Attorney for Defendant 

Law Office of Gabriel I. Banfi 

10900 NE 8th Street, Suite 1115 

Bellevue, WA 98004 

Telephone (425) 454-7721 

FAX (425) 688-0788 

GBANFILAW@yahoo.com

S/ David Reese Jennings 

-------------------------------- 

_________________ 

Assistant United States Attorney 

Telephonic Approval 

__________________________________ 

Case 3:05-cr-05695-FDB Document 24 Filed 11/02/05 Page 3 of 4
ORDER GRANTING MOTION TO CONTINUE PRE-TRIAL 

MOTIONS DEADLINE AND TRIAL DATE - 4 

Law Office of Gabriel I. Banfi 

Plaza Center 

10900 NE 8th St. Suite 1115 

Bellevue, Washington 98004 

(425) 454-7721 

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CERTIFICATE OF SERVICE 

I hereby certify that on October 28, 2005, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF System, the Proposed Order Granting Motion to 

Continue Pre-Trial Motions Deadline and Trial Date, which will send notification of such 

filing to counsel. 

_/S Gabriel I. Banfi______ 

GABRIEL I. BANFI 

WSBA NO. 17810 

Attorney for Defendant 

Law Office of Gabriel I. Banfi 

10900 NE 8th Street, Suite 1115 

Bellevue, WA 98004 

Telephone (425) 454-7721 

FAX (425) 688-0788 

GBANFILAW@yahoo.com 

Case 3:05-cr-05695-FDB Document 24 Filed 11/02/05 Page 4 of 4