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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order/U.S. v. Sagrero Gallardo, et al. -1

CR05-5748RBL

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, )

) CASE NO. CR05-5748RBL

Plaintiff, )

) ORDER CONTINUING

v. ) TRIAL DATE AND 

) PRETRIAL MOTION DATE

JOSE SAGRERO GALLARDO, )

a/k/a Eduardo Gonzales Vasquez, )

MANUEL PEREZ PEREZ, )

a/k/a Hugo Giovanni Gomez Vasquez, )

GUADALUPE PEREZ MOLINA, and )

MOISES GALLARDO BARRAGAN, )

)

Defendants. ) )

THIS MATTER came before the Court upon the motion of Defendant Jose

Sagrero Gallardo, through his attorney, Ronald Ness, defendant Manuel Perez Perez,

through his attorney, Charles Johnston, defendant Guadalupe Perez Molina, through his

attorney, Karen Unger, defendant Moises Gallardo Barragan, through his attorney, Roger

Hunko, and the United States of America, by and through John McKay, United States

Attorney for the Western District of Washington, and Douglas B. Whalley and Matthew

H. Thomas, Assistant United States Attorneys for said District requesting a continuance

of the trial date. Having considered all the files and records herein,

THIS COURT FINDS, pursuant to Title 18, United States Code, Section

3161(h)(8)(B)(i) that failure to grant such a continuance in the proceeding would be

likely to make a continuation of such proceeding impossible, or result in a miscarriage of
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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order/U.S. v. Sagrero Gallardo, et al. -2

CR05-5748RBL

justice.

THIS COURT FINDS, pursuant to Title 18, United States Code, Section

3161(h)(8)(B)(iv), that failure to grant the continuance in this case, which, taken as a

whole, is not so unusual or so complex as to fall within clause (ii), would deny counsel

for the defendants the reasonable time necessary for effective preparation, due to

counsels’ need for more time to review the evidence and consider possible defenses,

taking into account the exercise of due diligence;

THIS COURT FINDS, pursuant to Title 18, United States Code, Section

3161(h)(7), that this is a reasonable period of delay in that the defendants are joined for

trial and no previous motion for continuance has been granted, and all defendants have

requested more time to prepare for trial, and defendants have indicated that they will file

waivers of speedy trial in support of this motion. 

THIS COURT FINDS, therefore, that pursuant to Title 18, United States Code,

Section 3161(h)(8)(A), the ends of justice will best be served by a continuance, and that

they outweigh the best interests of the public and the defendants in a speedy trial.

THIS COURT FURTHER FINDS that all of the additional time requested between

the original trial date of December 12, 2005 and the new trial date of 

 February 27, 2006 is necessary to provide counsel for the defendants the reasonable

time necessary to prepare for trial.

Counsel is directed to file executed speedy trial waivers (through March 17,

2006) not later than December 7, 2005

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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order/U.S. v. Sagrero Gallardo, et al. -3

CR05-5748RBL

NOW, THEREFORE, IT IS HEREBY ORDERED that the trial date will be

continued until FEBRUARY 27, 2006 at 9:00 a.m., with a pretrial conference on

February 16, 2006 at 9:00 a.m., and that the date within which the pretrial motions are

due is continued to January 16, 2006. A Motion Hearing, if needed, shall be scheduled

for February 9, 2006 at 9:00 a.m. 

The time between December 12, 2005 and February 27, 2006 is excluded in computing

the time within which a trial must be held pursuant to Title 18, United States Code,

Section 3161, et. seq. 

IT IS SO ORDERED this 29th day of November, 2005. ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Presented by:

s/ Douglas B. Whalley 

DOUGLAS B. WHALLEY

Assistant United States Attorney

s/ Matthew H. Thomas 

MATTHEW H. THOMAS

Assistant United States Attorney

s/ Ronald D. Ness 

RONALD D. NESS

Attorney for Jose Sagrero Gallardo

s/ Charles Johnston 

CHARLES JOHNSTON

Attorney for Manuel Perez Perez

s/Karen Unger 

KAREN UNGER

Attorney for Guadalupe Perez Molina
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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order/U.S. v. Sagrero Gallardo, et al. -4

CR05-5748RBL

s/Roger Hunko 

ROGER HUNKO

Attorney for Moises Gallardo Barragan

*Telephonic Approval