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ORDER GRANTING STIPULATED MOTION

TO CONTINUE TRIAL DATE 1

U.S. v. Gardner, et. al.; CR05-5823RBL

FEDERAL PUBLIC DEFENDER

1331 Broadway, Ste. 400

Tacoma, Washington 98402

(253) 593-6710

JUDGE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

JACOB RAY GARDNER, and

MICHAEL ANTONIO JORDON.

JACOB RAY GARNER and

APRYL JOY BEACH,

Defendants. 

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NO. CR05-5823RBL

ORDER GRANTING MOTION TO

CONTINUE TRIAL DATE 

The Court notes that defendants Thomas Evans Dunigan and Apryl Joy Beach

object to the motion to continue, however, based on the Stipulation by the Plaintiff,

United States of America, and defendants Jacob R. Gardner and Michael A. Jordan to

continue the trial date, and the affidavit of defense counsel for Mr. Gardner in support of

the motion the Court makes the following findings of fact and conclusions of law. : 

1. The ends of justice served by granting this continuance outweigh the best

interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). 

2. Proceeding to trial absent adequate time for the defense to prepare would

result in a miscarriage of justice. 18 U.S.C. §3161(h)(8)(B)(i). 

3. The defense needs additional time to explore issues of some complexity,

including all relevant issues and defenses applicable to the case, which would make it

unreasonable to expect adequate preparation for pretrial proceedings or for trial itself

Case 3:05-cr-05823-RBL Document 46 Filed 01/12/06 Page 1 of 2
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ORDER GRANTING STIPULATED MOTION

TO CONTINUE TRIAL DATE 2

U.S. v. Gardner, et. al.; CR05-5823RBL

FEDERAL PUBLIC DEFENDER

1331 Broadway, Ste. 400

Tacoma, Washington 98402

(253) 593-6710

within the time limits established by the Speedy Trial Act and currently set for this case. 

18 U.S.C. § 3161(h)(8)(B)(ii). 

4. Taking into account the exercise of due diligence, a continuance is necessary

to allow the defendants the reasonable time for effective preparation his defense. 18

U.S.C. § 3161(h)(8)(B)(iv). 

NOW, THEREFORE,

IT IS HEREBY ORDERED that the trial date is continued from January 30, 2006

to March 20, 2006, at 9:00 am. The resulting period of delay from January 30, 2006, to

March 20, 2006 is hereby excluded for speedy trial purposes under 18 U.S.C. §

3161(h)(8)(A) and (B).

Pre-trial motions are due no later than FEBRUARY 20, 2006.

Motion Hearing, if needed, and the Pre-trial conference shall be on 

MARCH 7, 2006, at 9:00 am.

IT IS SO ORDERED this 12th day of January, 2006. ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Presented By:

 _______________________________ Russell V. Leonard & Linda Sullivan Gregory Gruber 

Attorneys for Jacob R. Gardner Assistant United States Attorney

________________________________ ________________________________

Charles Johnston Kent Liu

Attorney for Michael A. Jordan Special Assistant United States Attorney

Case 3:05-cr-05823-RBL Document 46 Filed 01/12/06 Page 2 of 2