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ORDER/MONTES St. ONGE - 1

CR05-167C

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Judge Coughenour

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, ) CR05-167JCC Plaintiff, ) )

 v. ) ORDER CONTINUING ) TRIAL DATE 

) JESSE BECERRIL MONTES, )

 a.k.a. ALBERTO RODRIGUEZ-PEREZ, )

MONICA MARIE ST. ONGE, )) Defendants. )) )

This matter having come before the undersigned Court by stipulation and

motion of counsel, the United States through the United States Attorney for the

Western District of Washington, Susan M. Roe, Assistant United States Attorney

for said district, and the defendants through counsel, Jeffrey Smith and Robert

Gombiner, the Court being fully advised in the matter, now finds that 

The trial was scheduled for June 27, 2005. The defendants are waiving

their speedy trial rights until September 30, 2005, which is beyond the new trial

date of September 19, 2005. The motion is made because there is a strong

possibility that the matter will resolve short of trial, however, the lack of laboratory

results has delayed the possible resolution. Counsel have been diligent in

addressing this matter and this matter would be concluded except for the lack of

drug analysis. The parties believe that with the continuance, this matter will be

handled other than with a trial. 

Case 2:05-cr-00167-JCC Document 24 Filed 06/23/05 Page 1 of 2
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ORDER/MONTES St. ONGE - 2

CR05-167C

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Court is aware that time limitations for trial and speedy trial concerns

are set forth in Title 18, United States Code, Section 3161. 

Section 3161(h) outlines the periods of excludable time, including:

(8)(A) Any period of delay resulting from a continuance

granted by any judge on his own motion or at the

request of the defendant or his counsel or at the request

of the attorney for the Government, if the judge granted

such continuance on the basis of his findings that the

ends of justice served by taking such action outweigh

the best interest of the public and the defendant in a

speedy trial. No such period of delay resulting from a

continuance granted by the court in accordance with this

paragraph shall be excludable under this subsection

unless the court sets forth, in the record of the case,

either orally or in writing, its reasons for finding that the

ends of justice served by the granting of such

continuance outweigh the best interests of the public

and the defendant in a speedy trial.

In this matter, the Court finds that further time is reasonable and necessary

as the requested time is within the speedy trial time period. Further, that the ends

of justice, especially those which deal with consideration of victims and

witnesses, are served by the requested continuance as this Title 21 trial has few

civilians witnesses and no known victims. Therefore, the trial date is continued

two weeks from June 27, 2005 until September 19, 2005.

Dated this 23rd day of June, 2005. AUNITED STATES DISTRICT JUDGE

Presented by:

s/Susan M. Roe 

SUSAN M. ROE

Assistant United States Attorney

WSBA 13000

United States Attorney's Office

700 Stewart Street, Suite 5220

Seattle, WA 98101 

Telephone: 206/553-1077

Fax: 206/553-0755

E-mail: susan.roe@usdoj.gov

Case 2:05-cr-00167-JCC Document 24 Filed 06/23/05 Page 2 of 2