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ORDER GRANTING MOTION TO CONTINUE - 1

(Almussa/Kebede, CR05-381TSZ) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Honorable Thomas S. Zilly

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE 

UNITED STATES OF AMERICA, ) NO. CR05-381TSZ

)

Plaintiff, ) ORDER GRANTING 

) MOTION TO CONTINUE 

 v. ) TRIAL DATE

)

AKRAM ASWAD ALMUSSA, and )

JOSHUA KEBEDE, )

)

Defendants. )

_________________________________)

THIS MATTER comes before the Court on the motion of defendant, Akram Almussa, to

continue the trial date. The government as well as co-defendant Joshua Kebede have indicated

they do not object to the proposed continuance. The Court, having reviewed the Motion and

Declaration of Counsel, and being otherwise fully advised, finds and rules as follows.

Defendant Almussa’s new lawyer Robert Wayne entered an appearance on February 17,

2006. Trial is currently scheduled for March 20, 2006. As set forth in the motion and

declaration, there is in excess of 10,000 pages of discovery. The discovery materials include

reports of interviews with more than two dozen witnesses. Many of these witnesses have not yet

been interviewed by the defense. Defendant Almussa has filed a waiver of his speedy trial rights

in connection with this motion.

Based on these facts, the Court finds that a failure to grant the requested continuance

would deny defendant Almussa reasonable time to obtain counsel of his choosing, and reasonable

time for effective preparation, taking into account the exercise of due diligence, within the

meaning of 18 U.S.C. § 3161(h)(8)(B)(iv). The Court also finds that the ends of justice will be

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ORDER GRANTING MOTION TO CONTINUE - 2

(Almussa/Kebede, CR05-381TSZ) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

served by continuing the trial date and that a continuance is necessary to ensure effective trial

preparation, and these factors outweigh the best interests of the defendants and of the public in a

more speedy trial with the meaning of 18 U.S.C. § 3161(h)(8)(A).

Defendant Josh Kebede has indicated through counsel that he does not object to the

continuance. In any event, since Kebede is joined in this matter with Almussa, any reasonable

delay as to Almussa is also excludeable time as to Kebede pursuant to 18 U.S.C. § 3161(h)(7)

Based on the foregoing, now, therefore, it is hereby

ORDERED that the trial date be continued from March 20, 2006, to May 22, 2006. Pretrial motions shall be due on April 14, 2006.

ORDERED that the time between March 20, 2006, and May 22, 2006 shall be 

excluded in the computation of time under the Speedy Trial Act as to all defendants as this

is a reasonable period of delay pursuant to 18 U.S.C. § 3161(h). 

So Ordered this 24th day of February, 2006.

AThomas S. Zilly

United States District Judge

Presented by:

ROBERT J. WAYNE, P.S.

By:/s/__________________________

ROBERT J. WAYNE, WSBA No. 6131

Attorney for Defendant, Akram Almussa

(via telephone authority, 2/23/06)

JOHN McKAY

UNITED STATES ATTORNEY

/s/ 

Vincent T. Lombardi, WSB # 21967

Assistant United States Attorney

/s/ 

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ORDER GRANTING MOTION TO CONTINUE - 3

(Almussa/Kebede, CR05-381TSZ) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Brian Tsuchida, Assistant Federal Public Defender

Attorney for Defendant Josh Kebede

(by email authorization, 2/23/06)

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