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 THIRD JOINT MOTION TO CONTINUE TRIAL DATE

GONZALES-REYES - 1

(GONSALEZ-REYES.CONT3.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Judge Robart

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) NO. CR05-329JLR

)

 v. )

) ORDER GRANTING THIRD JOINT

RAMON GONSALEZ-REYES, ) MOTION TO CONTINUE TRIAL 

)

Defendant. ) 

 _________________________________)

THIS MATTER having come before the Court on the joint motion of the parties

for an order continuing the trial date in this cause, and the Court having reviewed the

motion and the balance of the records and files herein, the Court now finds and rules as

follows:

On August 25, 2005, defendants Ramon Gonsalez-Reyes and Ernesto CastilloRojas, a/k/a Teodulpho Castillo-Rojas, were charged by Complaint with distribution of

500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B);

distribution of five grams or more of methamphetamine, in violation of 21 U.S.C. 

§§ 841(a)(1) and 841(b)(1)(B); and possession of five hundred grams or more of

methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and

841(b)(1)(A). On September 7, 2005, the defendants were indicted on the same charges. 

The defendants appeared before Magistrate Judge Mary Alice Theiler on

September 8, 2005, for arraignment. Pretrial motions were due on September 29, 2005,

Case 2:05-cr-00329-JLR Document 45 Filed 02/09/06 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 THIRD JOINT MOTION TO CONTINUE TRIAL DATE

GONZALES-REYES - 2

(GONSALEZ-REYES.CONT3.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

and trial was scheduled to begin on November 15, 2005. Both defendants have been 

detained pending trial.

On October 17, 2005, the Court granted the joint motion of the parties to continue

the trial date to December 13, 2005, subsequent to the appearance of new counsel for the

United States after the original Assistant United States Attorney assigned to handle this

matter left the United States Attorney’s Office. On November 21, 2005, the Court

granted a second continuance of the trial date to February 21, 2006. That motion was

premised upon the request of the parties for additional time to review discovery materials

and laboratory results and to adequately prepare for trial. The second request also was

necessary in order to resolve a scheduling conflict involving counsel for defendant

Gonsalez-Reyes.

On February 7, 2006, co-defendant Ernesto Castillo-Rojas, a/k/a Teodulpho

Castillo-Rojas, entered a guilty plea to the charge of possession of intent to distribute five

hundred grams or more of methamphetamine. Counsel have determined that additional

time is required prior to trial to consider the implications of this plea for defendant

Gonsalez-Reyes. The parties agree that the failure to grant a continuance in this case

would deny counsel for defendant Gonsalez-Reyes and counsel for the United States the

reasonable time necessary for effective preparation, taking into account the exercise of

due diligence. Further, a continuance is required as a consequence of scheduling

conflicts of both counsel in order to ensure continuity of counsel for both defendant

Gonsalez-Reyes and the United States.

Defendant Gonsalez-Reyes has agreed to execute and file a Waiver of Speedy

Trial rights under the Sixth Amendment and the Speedy Trial Act, 18 U.S.C. § 3161-

3174, which will include his agreement that the period from February 21, 2006, through 

the new trial date shall be an excludable period of time pursuant to 18 U.S.C. 

§ 3161(h)(8)(A). 

Case 2:05-cr-00329-JLR Document 45 Filed 02/09/06 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 THIRD JOINT MOTION TO CONTINUE TRIAL DATE

GONZALES-REYES - 3

(GONSALEZ-REYES.CONT3.ORD)

CR05-329JLR

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

It appearing to the Court that the failure to grant the requested continuance would

effectively deny counsel the reasonable time necessary for effective preparation, taking

into account the exercise of due diligence, and deny defendant Gonsalez-Reyes and the

United States continuity of counsel, and it further appearing to the Court that the ends of

justice served by granting the requested continuance outweigh the interest of the public

and the defendant in a speedy trial,

IT IS HEREBY ORDERED that the joint motion of the parties to continue the trial

date is GRANTED.

IT IS FURTHER ORDERED that the trial date shall be continued from Tuesday,

February 21, 2006, to Tuesday, April 11, 2006.

IT IS FURTHER ORDERED that the period of delay from February 21, 2006, to

April 11, 2006, is excludable time pursuant to 18 U.S.C. § 3161(h)(8)(A), for the purpose

of computing the time limitations imposed by the Speedy Trial Act, 18 U.S.C. §§ 3161-

3174.

DATED this 9th day of February, 2006.

s/James L. Robart

_______________________________

JAMES L. ROBART

United States District Judge

Presented by:

s/ LEONIE G.H. GRANT s/ MATTHEW T. HALE per authorization

LEONIE G.H. GRANT MATTHEW T. HALE

Assistant United States Attorney Attorney for Defendant Ramon Gonsalez-Reyes

WSBA #12670 WSBA #28041

United States Attorney’s Office 506 Second Avenue, Suite 1010

700 Stewart Street, Suite 5220 Seattle, Washington 98104

Seattle, Washington 98101-1271 Telephone: (206) 622-9972

Telephone: 206-553-7970 Fax No.: (206) 622-9973

Fax No.: 206-553-0755 E-Mail: halelaw@qwest.net

E-Mail: Lee.Grant@usdoj.gov

Case 2:05-cr-00329-JLR Document 45 Filed 02/09/06 Page 3 of 3