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ORDER GRANTING JOINT MOTION TO CONTINUE PRETRIAL MOTIONS

DEADLINE AND TRIAL DATE/GONSALEZ-REYES/CASTILLO-ROJAS -- 1

(GONSALEZ-REYES.CONT.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 JOINT MOTION

RAMON GONSALEZ-REYES and ) TO CONTINUE PRETRIAL MOTIONS

ERNESTO CASTILLO-ROJAS, ) DEADLINE AND TRIAL DATE

a/k/a Teodulpho Castillo-Rojas, )

)

Defendants. ) 

 _________________________________)

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

for an order continuing the pretrial motions deadline and the trial date in this cause, 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 34 Filed 10/17/05 Page 1 of 4
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ORDER GRANTING JOINT MOTION TO CONTINUE PRETRIAL MOTIONS

DEADLINE AND TRIAL DATE/GONSALEZ-REYES/CASTILLO-ROJAS -- 2

(GONSALEZ-REYES.CONT.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 7, 2005, Assistant United States Attorney Leonie G.H. Grant filed a

Notice of Substitution and Appearance of Counsel in the above-referenced matter. 

AUSA Grant was assigned responsibility for this matter as a result of Assistant

United States Attorney Ilene Miller’s departure from the United States Attorney’s Office. 

Counsel have agreed that there is insufficient time before the present pretrial motions due

date for Government counsel to familiarize herself with the case file and schedule a

mutually convenient time for a discovery conference. Therefore, the parties have agreed

that a discovery conference will be held during the first part of the week of October 17,

2005. Because defense counsel will need additional time subsequent to the discovery

conference to complete pretrial motions, the parties have further agreed that the pretrial

motions deadline should be continued to Thursday, October 27, 2005, with the

Government’s responses to all pretrial motions due on or before Thursday, November 10,

2005. Finally, 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. No previous requests to continue the trial date

have been filed in this proceeding.

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

pretrial motions filing deadline and the trial date would effectively deny all counsel the

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

due diligence, and it further appearing to the Court that the ends of justice served by

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ORDER GRANTING JOINT MOTION TO CONTINUE PRETRIAL MOTIONS

DEADLINE AND TRIAL DATE/GONSALEZ-REYES/CASTILLO-ROJAS -- 3

(GONSALEZ-REYES.CONT.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

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

pretrial motions deadline and the trial date is GRANTED.

IT IS FURTHER ORDERED that pretrial motions shall be filed on or before

Thursday, October 27, 2005, and the Government’s responses to all pretrial motions shall

be due on or before Thursday, November 10, 2005.

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

November 15, 2005, to Tuesday, December 13, 2005.

////

////

////

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ORDER GRANTING JOINT MOTION TO CONTINUE PRETRIAL MOTIONS

DEADLINE AND TRIAL DATE/GONSALEZ-REYES/CASTILLO-ROJAS -- 4

(GONSALEZ-REYES.CONT.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 November 15, 2005, 

until December 13, 2005, 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 17th of December, 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

Gonsalez-Reyes Castillo-Rojas, 

WSBA # 28041 a/k/a Teodulpho Castillo-Rojas

506 Second Avenue, Suite 1010 WSBA # 14208

Seattle, Washington 98104 600 University Street, Suite 3310

Telephone: (206) 622-9972 Seattle, Washington 98101-4172

Fax: (206) 622-9973 Telephone: (206) 748-7818

E-mail: halelaw@qwest.net Fax: (206) 748-7821

E-mail: bob@leenlaw.com

Case 2:05-cr-00329-JLR Document 34 Filed 10/17/05 Page 4 of 4