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ORDER CONTINUING TRIAL/JACKSON — 1 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

 THE HONORABLE FRANKLIN D. BURGESS

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

 )

Plaintiff, )

 ) 

v. ) NO. CR06-5060FDB

 )

 ) ORDER CONTINUING

GARY LEE JACKSON, ) TRIAL AND PRETRIAL 

 ) MOTIONS CUTOFF

 ) DATE 

 )

Defendant. ) )

ORDER

 The Court having reviewed the records and files herein and considered the

stipulation of the government and defendant Jackson makes the following findings and

enters the following order:

1. On February 1, 2006, a Grand Jury indicted Gary Lee Jackson with False

Communication Regarding a Tainted Consumer Product, in violation of Title 18, 

United States Code, Section 1365©). 

2. On February 8, 2006, former defense counsel moved to withdraw. On

February 10, 2006, the Magistrate Court granted the motion to withdraw and directed that

Zenon P. Olbertz be appointed to represent Defendant. 

3. Newly appointed defense counsel has informed the government that, due to

his current caseload, additional time is needed to review the discovery, examine the

physical evidence, prepare any pretrial motions and to prepare for trial, if necessary. 

Case 3:06-cr-05060-FDB Document 35 Filed 03/10/06 Page 1 of 2
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ORDER CONTINUING TRIAL/JACKSON — 2 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

4. The Assistant United States Attorney assigned to this matter has advised

that she will be out-of-town taking a ten-day course between March 13 and March 26,

2006, and therefore requires additional time to respond to pretrial motions, file trial

documents and attend the pretrial conference currently scheduled for March 31, 2006. 

5. The ends of justice outweigh the best interest of the public and the

defendant in a speedy trial. That failure to grant a continuance based upon the parties’

need to prepare the matter for trial, in the event settlement negotiations fail, would result

in a miscarriage of justice. 

6. The parties have requested and stipulated to a continuance and the defendant

must sign and file a written waiver of speedy trial which will be filed with the Court no

later than March 15, 2006. 

IT IS HEREBY ORDERED that the trial in this matter be continued to June 12,

2006 and the pretrial motions cutoff date is continued from March 3, 2006 to April 4,

2006.

IT IS FURTHER ORDERED that, for purposes of computing the time limitations

imposed by the Speedy Trial Act, Title 18, United States Code, Sections 3161-3164, the

period of delay from April 10, 2006 up and to and including June 12, 2006, is excludable

time pursuant to Title 18, United States Code, Section 3161(h)(8)(B)(iv); 

DONE this 10th day of March, 2006. 

AFRANKLIN D. BURGESS

UNITED STATES DISTRICT JUDGE

Presented by:

 s/ Patricia C. Lally 

WSBA # 28910

Assistant United States Attorney

Telephone (206) 553-2169

E-mail: Patricia.Lally@usdoj.gov

Case 3:06-cr-05060-FDB Document 35 Filed 03/10/06 Page 2 of 2