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[Proposed] Order Continuing Trial Date - 1

United States v. Andre Da Costa, No CR 06-37RSM

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

 Plaintiff,

v.

ANDRE DA COSTA,

Defendant. 

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NO. CR 06-37 RSM

ORDER

CONTINUING TRIAL DATE

Based upon the reasons stated in the joint motion of the parties to continue the trial

date, and upon a review of the records and files herein, this Court adopts the stipulation

of the parties and FINDS and RULES as follows: 

The parties have jointly moved for a continuance of the trial. As grounds

therefore, the parties have cited the unusual and complicated nature of the government’s

case, which involves a conspiracy to smuggle and transport illegal aliens, and involves

other countries, including Brazil and Mexico, and other states, from Texas to

Massachusetts. The parties have agreed that a continuance of the trial date is essential to

ensure adequate preparation for trial and to ensure that the defense has an adequate

opportunity to thoroughly investigate defense theories. A continuance of the trial date

will ensure continuity of counsel, taking into account due diligence, and reasonable time

necessary for counsel to effectively prepare for trial.

The parties agree that the ends of justice served by granting this motion to

Case 2:06-cr-00037-RSM Document 16 Filed 03/31/06 Page 1 of 3
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[Proposed] Order Continuing Trial Date - 2

United States v. Andre Da Costa, No CR 06-37RSM

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

continue outweigh the best interest of the public and defendant in a speedy trial. The

defendant further agrees that he will execute an effective waiver of his rights under the

Sixth Amendment and the Speedy Trial Act, Title 18, United States Code, Sections 3161-

3174, which shall include the agreement that the period from the date of this Court’s

Order until the new trial date of May 22, 2006, shall be an excludable period of time

pursuant to Title 18, United States Code, Section 3161(h)(8)(A). 

It therefore appearing to the Court that the case is unusual and it would be

unreasonable to expect adequate preparation for pretrial proceedings and for the trial

itself without a continuance, even with diligent and good faith efforts by counsel to

prepare for trial, and it further appearing 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 ORDERED that the trial date be continued from April 10, 2006, until 

May 22, 2006. 

IT IS FURTHER ORDERED that the period of delay from the date of this Order,

until May 22, 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, 

DATED this 31st day of March, 2006.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Presented By:

JOHN McKAY

United States Attorney

/s/ Tessa M. Gorman 

TESSA M. GORMAN

Assistant United States Attorney

WSBA# 35908

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101

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[Proposed] Order Continuing Trial Date - 3

United States v. Andre Da Costa, No CR 06-37RSM

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Telephone (206) 553-4994

Facsimile (206) 553-0755

Email: Tessa.Gorman@usdoj.gov

/s/ Paula Semmes Deutsch* 

PAULA SEMMES DEUTSCH

Assistant Federal Public Defender

WSBA # 16093

Counsel for ANDRE DA COSTA

Federal Public Defender’s Office

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101

Telephone (206) 553-1100

Facsimile (206) 553-0120

Email: paula.deutsch@fd.org

*Signed electronically per telephone authorization. 

Case 2:06-cr-00037-RSM Document 16 Filed 03/31/06 Page 3 of 3