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SECOND STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE - 1

(Tabuba, et al, CR05-233P) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE 

UNITED STATES OF AMERICA, )

) NO. CR05-00182P

Plaintiff, )

)

v. )

)

)

TONY L. TABUBA, ) SECOND STIPULATED

a/k/a “Tony L. Tabubu,” ) MOTION AND ORDER TO

a/k/a “Tony Drake,” ) CONTINUE TRIAL DATE

a/k/a “Keith Blackwell,” )

KEITH LAMONT SIMS, )

YVETTE RANEA BAILEY, )

a/k/a “Quashamiqe Caldwell,” )

a/k/a “Kameelah Muhammad,” )

a/k/a “Jahmilla Malik,” )

a/k/a “Fahtima Schneiver,” )

DOLLY ANN COOPER, )

a/k/a “Sunsha Rosea Cervantas,” )

 a/k/a “Diane Pace,” )

a/k/a “Jasmine Monique Salazar,” )

a/k/a “Donna Smith,” )

MARK CARILLO, )

ERIC McGOWAN, and )

CRYSTAL STAUDT, )

)

Defendants. ) 

_______________________________________)

Case 2:05-cr-00182-JCC Document 117 Filed 09/09/05 Page 1 of 6
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1

 Defendant Yvette Renea Bailey pled guilty on August 24, 2005. Defendant Crystal Staudt’s trial date is already set for October 17, 2005, therefore it was unnecessary to consult

Staudt’s attorney regarding this filing. 

2

 Defendant Keith Lamont Sims’ position on this motion is currently unknown. Mr.

Sims’ counsel, Neil Fox, originally indicated he agreed with the requested continuance. 

However, Mr. Fox recently contacted counsel for the Government and indicated he would be

moving to withdraw as counsel for Mr. Sims. The motion to withdraw has not been filed as

of yet, and Mr. Sims’ position and/or the position of his new, as yet unnamed counsel is

obviously unknown at this time. However, it seems probable that a new lawyer would need

a continuance to adequately prepare for trial. 

SECOND STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE - 2

(Tabuba, et al, CR05-233P) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

I. RELIEF REQUESTED

The remaining parties to this action,1 with the exception of Defendant Keith Lamont

Sims, jointly stipulate and move the Court to continue the trial date to October 17, 2005, or

any other date before the end of October 2005, convenient for the Court’s schedule.2

 

II. BACKGROUND

Defendants are all charged by Indictment with one count of Conspiracy to Make and

Distribute Counterfeit Traveler’s Cheques, in violation of 18 U.S.C. § 371. Some of the

individual defendants are also charged with multiple substantive counts of Making and

Distributing Counterfeit Traveler’s Cheques, in violation of 18 U.S.C. §§ 513 and/or 514. 

This case is factually complex. Briefly, the Government has alleged that defendant

Tony Tabuba printed a large number of counterfeit Visa and American Express traveler’s

cheques, with a purported face value of $100 each. The remaining defendants were allegedly

involved, in various capacities, in passing the counterfeit traveler’s cheques to merchants. 

Some 3,000 such counterfeit traveler’s cheques were allegedly passed throughout

Washington, Oregon, California, Nevada, and Louisiana. 

To date, some 2,235 pages of written discovery has been produced, together with

additional recorded witness statements, photographs, and other types of discovery. Some of

this discovery, consisting of approximately 1,400 pages of local police reports and other

documents, were only recently received by the Government from local law enforcement. 

This discovery was produced on August 2, 2005. 

The Indictment was filed on May 4, 2005. Trial was originally set for July 18, 2005. 

Case 2:05-cr-00182-JCC Document 117 Filed 09/09/05 Page 2 of 6
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SECOND STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE - 3

(Tabuba, et al, CR05-233P) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Defendants Eric McGowan and Crystal Staudt were not in custody or arraigned at the time

the original trial date was set. 

The parties previously stipulated to continuance of the trial date via a motion filed by

defendant Keith Lamont Sims on June 2, 2005. Trial was continued to September 6, 2005.

Shortly thereafter, defendant McGowan was arrested. His counsel, Gil Levy,

requested (without any objections) a brief continuance to accommodate a previously

scheduled continuance. The Court granted that motion, and reset trial to September 13,

2005. 

Defendant Staudt was then writ over from state custody to face these charges, and

arraigned on August 11, 2005. The Court set a trial date for October 17, 2005 as to

Ms. Staudt only. 

III. DISCUSSION

The parties submit that the trial in this matter as to all defendants should be

continued to October 17, 2005 - the date already set for defendant Crystal Staudt’s trial. 

Pursuant to Title 18, United States Code, Sections 3161(h)(8)(B)(i) and (iv), this

Court has discretion to order continuance of the existing trial date in circumstances

where:

(i) . . . the 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 justice;

[and]

(iv) . . . the failure to grant such a continuance in a case

which, taken as a whole, is not so unusual or so complex as to

fall within clause (ii), would deny the defendant reasonable

time to obtain counsel, would unreasonably deny the

defendant or the Government continuity of counsel, or would

deny counsel for the defendant or the attorney for the

Government the reasonable time necessary for effective

preparation, taking into account the exercise of due diligence.

Case 2:05-cr-00182-JCC Document 117 Filed 09/09/05 Page 3 of 6
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SECOND STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE - 3

(Tabuba, et al, CR05-233P) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

In addition, pursuant to 18 U.S.C. § 3161(h)(7), any “reasonable period of delay

where the defendant is joined for trial with a codefendant as to whom the time for trial has

not run and no motion for severance has been granted” is excluded when computing the

time within which trial must be commenced. 

In this case, the parties agree that a continuance is necessary to permit further trial

preparation. This case is factually complex, involving seven separate defendants and an

alleged loss amount of approximately $300,000 - which was incurred in separate $100

increments. The Government has produced a significant volume of discovery, some of it

fairly recently. 

In addition, the parties believe further time is necessary to explore negotiated pleas

to resolve this case - some of which are quite complex. For example, one of the

defendants is exploring cooperating with local law enforcement on a pending, unrelated

investigation, in return for which he/she would receive consideration from the Government

on these charges. Several of the defendants have proffered information to the

Government, and the Government is in the process of evaluating the truthfulness and

usefulness of the proffers. 

The parties stipulate and agree that the ends of justice served by a continuance

outweigh the best interests of the public and the defendants in a speedy trial. The failure to

grant a continuance based upon the Government’s and defendants’ need to prepare the

matter for trial would result in a miscarriage of justice by denying the parties the

reasonable time necessary for effective preparation for trial, taking into account the

exercise of due diligence.

Defendants will file speedy trial waivers through the end of November 2005. 

/ / /

/ / /

/ / /

Case 2:05-cr-00182-JCC Document 117 Filed 09/09/05 Page 4 of 6
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SECOND STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE - 3

(Tabuba, et al, CR05-233P) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

IV. CONCLUSION

For the reasons set forth above, the parties respectfully request that this Court GRANT

this motion and continue the trial date to October 17, 2005, or any other date before the end of

November 2005, convenient for the Court’s schedule. 

DATED this 30th day of August, 2005.

Presented by: 

/s/ Vincent T. Lombardi 

VINCENT T. LOMBARDI

Assistant United States Attorney

Approved for entry by:

/s/ 

Bruce D. Erickson

Attorney for Tony Tabuba

Via Telephone Authority, 8/18/05

/s/ 

Ralph Hurvitz

Attorney for Mark Carillo

Via Telephone authority, 8/16/05

/s/ 

Peter Mazzone

Attorney for DollyAnn Cooper

Via Telephone Authority, 8/18/05

/s/ 

Gilbert Levy

Attorney for Eric McGowan

Via telephone authority, 8/19/05

ORDER

IT IS SO ORDERED.

DATED this 9th day of September, 2005.

/S/Marsha J. Pechman 

THE HONORABLE MARSHA J. PECHMAN 

United States District Court Judge

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SECOND STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE - 4

(Tabuba, et al, CR05-233P) UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

CERTIFICATE OF SERVICE

I hereby certify that on September 12, 2005, I electronically filed the foregoing with

the Clerk of Court using the CM/ECF system which will send notification of such filing to

the attorney(s) of record for the defendant(s). I hereby certify that I have served the

attorney(s) of record for the defendant(s) that are non CM/ECF participants via telefax.

s/ 

 Leila Hasegawa, Legal Assistant

 700 Stewart Street, Suite 5220 

 Seattle, WA 98101-1271 

 United States Attorney’s Office

 Facsimile: 206-553-5786 

 Phone: 206-553-4579

 E-mail: Leila.Hasegawa@usdoj.gov

Case 2:05-cr-00182-JCC Document 117 Filed 09/09/05 Page 6 of 6