1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER GRANTING MOTION

TO CONTINUE TRIAL DATE/

SHERMAN/CR05-181JCC - 1

HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR05-181JCC

Plaintiff, )

)

v. ) ORDER GRANTING MOTION 

) TO CONTINUE TRIAL DATE

GERALD ALAN SHERMAN, )

)

Defendant. ) )

This matter having come before the Court on the motion of Defendant Gerald Alan

Sherman for a continuance of the trial date, the Court having considered the motion, as

well as the response of the United States of America, by and through John McKay,

United States Attorney, and J. Tate London, Assistant United States Attorney for the

Western District of Washington, and the Court having heard oral argument of the parties’

attorneys,

The Court hereby makes the following findings and enters the following order:

1. Defendant Gerald Alan Sherman was arrested and arraigned on May 5,

2005. He has been in custody at FDC SeaTac since that date. On June 14, 2005, the

Court ordered his release, with conditions, pending trial.

2. On June 2, 2005, Defendant moved for a continuance of the June 27, 2005

trial date.

3. In the motion, Defendant’s attorney estimated that a trial of this matter

would take approximately 3 - 4 weeks. Defendant’s attorney represented to the Court that

Case 2:05-cr-00181-JCC Document 30 Filed 06/21/05 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER GRANTING MOTION

TO CONTINUE TRIAL DATE/

SHERMAN/CR05-181JCC - 2

the complexity of this fraud case involving an array of financial transactions, the volume

of discovery all ready produced by the government, his scheduling conflicts, and the time

required for trial preparation, are all factors that taken together warrant a continuance of

the trial date. The Court adopts these representations as facts for purposes of ruling on the

motion.

4. The government, in its response to the motion, neither stipulated to nor

opposed a trial continuance. 

5. Defendant has waived his right to a speedy trial and has agreed to file a

written waiver of speedy trial with the Court.

6. The Court further finds that the ends of justice outweigh the best interest of

the public and the defendant in a speedy trial, and that a failure to grant a continuance

under these circumstances would result in a miscarriage of justice;

Based on these findings of fact,

IT IS HEREBY ORDERED that the trial date is continued from June 27, 2005 to

November 28, 2005.

//

//

//

//

//

//

//

//

//

//

//

//

//

Case 2:05-cr-00181-JCC Document 30 Filed 06/21/05 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER GRANTING MOTION

TO CONTINUE TRIAL DATE/

SHERMAN/CR05-181JCC - 3

IT IS FURTHER ORDERED that pursuant to Title 18, United States Code, 

Section 3161(h), the period of time from the current trial date to the new trial date is excluded

in the computation of time under the Speedy Trial Act.

DATED this 21st day of June 2005.

AUNITED STATES DISTRICT JUDGE

Presented by:

 s/ J. Tate London 

J. TATE LONDON

Assistant United States Attorney

Washington Bar No. 18097

700 Stewart Street, Suite 5220

Seattle, Washington 98101

Telephone: (206) 553-4064

Fax: (206) 553-2502

E-mail: Tate.London@usdoj.gov

Copy Received; Notice of Presentation Waived

 s/ Scott J. Engelhard * 

SCOTT J. ENGELHARD

Attorney for Gerald Alan Sherman

Washington Bar No. 13963

320 Maynard Building

119 First Avenue South

Seattle, Washington 98104

Telephone: (206) 749-0117

Fax: (425) 671-0298

E-mail: engelhardlaw@comcast.net

* Signed per telephonic authorization

Case 2:05-cr-00181-JCC Document 30 Filed 06/21/05 Page 3 of 3