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ORDER SETTING NEW TRIAL DATE/

(Cooper, Case No. CR05-182P) - 1

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR05-182P

Plaintiff, )

)

v. ) ORDER SETTING NEW TRIAL

) DATE

DOLLY ANN COOPER, )

a/k/a “Sunsha Rosea Cervantas,” )

 a/k/a “Diane Pace,” )

a/k/a “Jasmine Monique Salazar,” )

a/k/a “Donna Smith,” )

)

Defendant. ) )

THIS MATTER comes before the Court for purposes of setting a new trial date. 

The Court, having reviewed the file in this matter, and being otherwise fully advised, finds

and rules as follows:

1. Defendant Dolly Ann Cooper was originally charged along with six other

defendants in a multi-count indictment alleging a conspiracy to make and pass counterfeit

traveler’s cheques, and multiple substantive offenses related to that same offense. The

indictment was filed on May 4, 2005. 

2. Ms. Cooper was arrested pursuant to a warrant on May 10, 2005, and had

her initial appearance and arraignment that same day. Trial was set for July 18, 2005. 

3. A detention hearing was held for Ms. Cooper on May 11, 2005. The

Government withdrew its motion for detention upon reviewing the pretrial services report. 

Case 2:05-cr-00182-MJP Document 162 Filed 01/09/06 Page 1 of 5
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ORDER SETTING NEW TRIAL DATE/

(Cooper, Case No. CR05-182P) - 2

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Ms. Cooper was released on bond with pretrial supervision. Among other conditions, the

bond placed Ms. Cooper on electronic home monitoring; prohibited her from possessing

identification documents in any name other than her own; and required her to report any

contact with law enforcement within one business day. 

4. Trial was subsequently continued several times based on stipulated motions

filed by the parties for good and sufficient reasons. In connection with the last motion to

continue, Ms. Cooper herself filed a waiver of her speedy trial right through December of

2005. 

5. The last trial date set by the Court was October 17, 2005. 

6. On or about July 10, 2005, Ms. Cooper was stopped for a traffic law

violation. At that time, Ms. Cooper produced a Washington State Identification Card in

the name Sunsha Rosea Lobey, in apparent violation of one of the conditions of pretrial

supervision. Ms. Cooper also failed to report this contact with law enforcement to pretrial

services.

7. On or about September 16, 2005, Pretrial Services presented a Petition for

Summons for Ms. Cooper related to the alleged violation referenced above. Magistrate

Judge Monica J. Benton instead issued a warrant for Ms. Cooper’s arrest, but instructed

the Pretrial Services officer that she should call Ms. Cooper and instruct her to selfsurrender by 4:00 p.m. the next day as a courtesy. 

8. Ms. Cooper failed to self-surrender; instead, she absconded from her home,

in violation of the conditions of supervision including the electronic home monitoring

condition. 

9. In the meantime, all other defendants in this matter pleaded guilty, and are

currently pending sentencing. 

10. Ms. Cooper remained a fugitive as of the scheduled trial date of October 17,

2005.

11. Ms. Cooper was arrested pursuant to the warrant issued by Magistrate Judge

Benton on December 2, 2005; approximately 72 days after the issuance of the warrant,

Case 2:05-cr-00182-MJP Document 162 Filed 01/09/06 Page 2 of 5
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ORDER SETTING NEW TRIAL DATE/

(Cooper, Case No. CR05-182P) - 3

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

and approximately 46 days after the last-scheduled trial date of October 17, 2005. She

had her initial appearance that same day. At the hearing, Ms. Cooper’s lawyer concurred

with the facts set forth above, but advanced arguments in mitigation and asked for her

release. Defendant was ordered detained, and remains in custody at the Federal Detention

Center.

12. Both the Defense counsel and the Government are unavailable the week of

February 6, 2005. Defense counsel has a long-scheduled vacation set that week, and the

AUSA assigned to this matter is scheduled to attend training at the National Advocacy

Center that same week. The Court’s trial schedule precludes a trial prior to that date. 

13. In addition, the parties require additional time to resolve the case and, if that

is not possible, to prepare for trial. This is due to new issues raised by Ms. Cooper’s

absence on the trial date, and possible new charges for that failure to appear pursuant to 18

U.S.C. 3146. 

14. In addition, the Defense needs additional time to prepare for trial, given the

resolution of this case against other defendants, and the willingness of some of these codefendants to testify against Ms. Cooper. 

15. Ms. Cooper’s counsel has indicated that she is willing to waive her speedy

trail rights through the end of March, 2006. 

Based on the foregoing factual findings, the Court concludes as follows:

1. Pursuant to 18 U.S.C. § 3161(k)(1), if the defendant is absent on the day of

trial; and the defendant’s subsequent appearance on a bench warrant is more than 21 days

after the date set for trial; then the defendant is deemed to have had her first appearance on

the charges at her initial appearance on that bench warrant. 

2. Ms. Cooper had her initial appearance on the bench warrant issued for her

violation of the conditions of her bond on December 2, 2005. Accordingly, the Court

finds that the time to bring the Defendant to trial ends, unless otherwise extended, on

February 10, 2006, pursuant to 18 U.S.C. §§ 3161(c)(1) and (k)(1).

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ORDER SETTING NEW TRIAL DATE/

(Cooper, Case No. CR05-182P) - 4

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

3. Counsel for both Ms. Cooper are unavailable the week of February 6, 2005

due to previously scheduled travel commitments. The Court finds that depriving both

parties of continuity of counsel would not serve the ends of justice, within the meaning of

18 U.S.C. §§ 3161(h)(8)(A) and (h)(8)(B)(iv); and that this need outweighs the best

interest of the public and the defendant in a speedy trial. 

4. In addition, the Court finds that counsel for the Defendant needs additional

time to resolve this matter, and if that is not possible, to effectively prepare for trial. The

Court finds that this need is due the possibility of new charges for her failure to appear,

and the existence of new witnesses due to the resolution of this case against other

Defendants. 

5. The Court further finds that this need for additional time exists despite the

exercise of due diligence by both parties; and that denying additional time would not be in

the interests of justice, which outweighs the public and the defendant’s interest in a speedy

trial, again pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and (h)(8)(B)(iv). 

NOW, THEREFORE, it is hereby ORDERED that this matter is set for trial on

March 6, 2006. Defendant shall file a speedy trial waiver no later than January 3, 2006.

So Ordered this 9th day of January, 2006.

/S/Marsha J. Pechman 

THE HONORABLE MARSHA J. PECHMAN

United States District Court Judge

Presented by:

s/ Vincent T. Lombardi VINCENT T. LOMBARDI WSB # 21967

Assistant United States Attorney

U.S. Attorneys' Office

700 Stewart Street, Suite 5220

Seattle, WA 98101

Phone: (206) 553-5178 Fax: (206) 553-0755

Email: Vince.Lombardi@usdoj.gov

APPROVED, NOTICE OF PRESENTATION WAIVED

s/ Peter Mazzone 

Case 2:05-cr-00182-MJP Document 162 Filed 01/09/06 Page 4 of 5
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ORDER SETTING NEW TRIAL DATE/

(Cooper, Case No. CR05-182P) - 5

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

PETER MAZZONE (via telephone authority 12/22/05)

Attorney for Defendant Dolly Ann Cooper

Case 2:05-cr-00182-MJP Document 162 Filed 01/09/06 Page 5 of 5