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

 (PROPOSED) ORDER FOR CONTINUANCE

OF TRIAL & RELATED MATTERS

(HARLAN PHILIP JAMES) – CR05-0410RSL – 

FEDERAL PUBLIC DEFENDER

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101 1 (206) 553-1100

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

vs.

HARLAN PHILIP JAMES, 

Defendant.

 

 

)

)

)

)

)

)

)

)

)

)

)

NO. CR05-0410RSL

ORDER FOR CONTINUANCE OF

TRIAL AND RELATED MATTERS

Upon consideration of the parties’ Second Stipulated Motion for Continuance of Trial

and Related Matters, and the defendant’s agreement to continue the trial date until May 1,

2006,

THE COURT NOW FINDS that pursuant to Title 18, U.S.C. § 3161(h)(8)(A) and §

3161(h)(8)(B)(iv), the ends of justice served by continuing the trial date to May 1, 2006,

outweigh the best interests of the public and the defendant in a speedy trial, in that, as set

forth in the parties’ Stipulation, it has been demonstrated that (1) the parties have acted with

due diligence in an effort to be prepared for a trial on February 13, 2006; (2) defense counsel

has demonstrated that he needs until May 1, 2006, to adequately prepare for trial by

conducting social history interviews, additional interviews of witnesses to the events, and

Case 2:05-cr-00410-RSL Document 22 Filed 02/01/06 Page 1 of 3
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

 (PROPOSED) ORDER FOR CONTINUANCE

OF TRIAL & RELATED MATTERS

(HARLAN PHILIP JAMES) – CR05-0410RSL – 

FEDERAL PUBLIC DEFENDER

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101 2 (206) 553-1100

mental state evaluation of Mr. James; (3) while the crime charged is not a complex offense,

the defense investigation is logistically difficult and time consuming because some witnesses

to the alleged incident have not yet been identified, all of the witnesses are located on the

Lummi Indian Reservation, which is a substantial distance from counsel’s office in Seattle,

and it will take a number of investigative trips to the Lummi Indian Reservation to identify,

locate and obtain interviews with relevant witnesses to this case; (4) the investigation is

further complicated by the fact that it appears that some of the individuals who were witnesses

to the event may have been intoxicated at the time of the event; (5) most specifically, since the

date of the first continuance order, defense investigation has revealed that Mr. James’ mental

state both before and at the time of the offense is a critical aspect of effectively representing

Mr. James, both for trial preparation and for his preparation of negotiation with the

government concerning a proper resolution of this case. 

IT IS THEREFORE ORDERED that the trial in this matter is continued until May 1,

2006.

IT IS FURTHER ORDERED that any pretrial motions be filed by March 30, 2006.

IT IS FURTHER ORDERED that for the purposes of computing the time limitations

imposed by the Speedy Trial Act, 18 U.S.C. §§ 3161-3174, the period of delay from 

/ / 

/ /

/ /

/ /

/ /

/ /

/ /

/ /

/ /

Case 2:05-cr-00410-RSL Document 22 Filed 02/01/06 Page 2 of 3
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

 (PROPOSED) ORDER FOR CONTINUANCE

OF TRIAL & RELATED MATTERS

(HARLAN PHILIP JAMES) – CR05-0410RSL – 

FEDERAL PUBLIC DEFENDER

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101 3 (206) 553-1100

February 13, 2006, up to May 1, 2006, is excludable time pursuant to 18 U.S.C. 

§§ 3161(h)(8)(A) and (h)(8)(B)(iv).

DATED this 1st day of February, 2006.

A

Robert S. Lasnik

United States District Judge

Presented by:

s/ Michael Filipovic

WSBA No. 12319

Assistant Federal Public Defender

Attorney for Harlan Philip James

Federal Public Defender’s Office

1601 Fifth Avenue, Suite 700

Seattle, WA 98101

Tel. (206) 553-1100, Fax (206) 553-0120

Michael_Filipovic@fd.org

Agreed to by stipulation, notice of presentment waived, 

signature approved per telephone authorization:

s/ Carl Blackstone

Assistant United States Attorney

Case 2:05-cr-00410-RSL Document 22 Filed 02/01/06 Page 3 of 3