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 Stipulated Motion to Continue Trial

Park/Case No. 05-5811RBL - 1

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

HON. RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA,

 Plaintiff,

v.

DONG WAN PARK,

Defendant. ______________________________________

)

)

)

)

)

)

)

)

)

)

)

NO. 05-5811RBL

ORDER GRANTING STIPULATED

MOTION TO CONTINUE TRIAL

DATE

THIS MATTER having come before the Court on the stipulated motion of the

parties for an order continuing the trial date, and the Court having considered the

stipulated motion of the parties, together with the balance of the records and files herein,

the Court now finds and rules as follows:

The defendant, Dong Wan Park, is charged by Indictment in the Western District

of Washington with three counts of visa fraud, in violation of 18 U.S.C. § 1546(a).

Defendant was arrested on November 18, 2005. Defendant made his first appearance and

was arraigned on the charges that same day before the Magistrate Judge in the Western

District of Washington. Defendant entered a plea of not guilty. Defendant is currently

released pending trial on bond. Trial is set for January 17, 2006.

The parties are seeking an order continuing the trial date from January 17, 2006, to

May 8, 2006, on the ground that the ends of justice served by a continuance outweigh the

best interest of the public and the defendant in a speedy trial. Specifically, the failure to

grant a continuation would likely result in a miscarriage of justice, pursuant to 18 U.S.C.

Case 3:05-cr-05811-RBL Document 17 Filed 12/16/05 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 Stipulated Motion to Continue Trial

Park/Case No. 05-5811RBL - 2

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

§ 3161(8)(B)(i), and would unreasonably deny the defendant or the attorney for the

Government the reasonable time for effective preparation, taking into account the

exercise of due diligence, pursuant to 18 U.S.C. § 3161(8)(B)(iv).

Current defense counsel was only recently retained and permitted to replace prior

counsel by order of this Court on December 2, 2005. Although the government had

provided preliminary discovery materials to former counsel, current counsel did not

receive the discovery materials until December 7, 2005. Defense counsel has alerted the

government that the Defendant is in possession of evidence relevant to his defense but

will take some time to produce such materials to the government. A discovery conference

will be necessary to discuss outstanding discovery issues. Due to the complexity and

depth of the discovery materials, which includes evidence from foreign sources such as

institutions and government agencies located in South Korea, both the government and

the defendant agree that more time is necessary to investigate and analyze the evidence in

order to effectively prepare for trial. 

Therefore, it appearing to the Court that the failure to continue the trial date would

likely result in a miscarriage of justice, pursuant to 18 U.S.C. § 3161(8)(B)(i), and would

unreasonably deny the defendant or the attorney for the Government the reasonable time

for effective preparation, taking into account the exercise of due diligence, pursuant to 18

U.S.C. § 3161(8)(B)(iv), 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 stipulated motion of the parties to continue the

trial date is GRANTED;

 IT IS FURTHER ORDERED that the trial date shall be continued from January 17,

2006, to APRIL 24, 2006 at 9:00 a.m. The Pretrial Conference is reset to April 18,

2006 at 9:00 am. Pretrial Motions cutoff is extended to March 6, 2006.

 IT IS FURTHER ORDERED that the period of delay from January 17, 2006, until

April 24, 2006, is excludable time, pursuant to 18 U.S.C. § 3161(h)(8)(A), for the

Case 3:05-cr-05811-RBL Document 17 Filed 12/16/05 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 Stipulated Motion to Continue Trial

Park/Case No. 05-5811RBL - 3

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

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

3161-3174.

Having advised the Court through the representations of counsel that he has agreed

to waive his speedy trial rights under the Speedy Trial Act, 18 U.S.C. §§ 3161-3174, and

that he has further agreed that the period from January 17, 2006, through APRIL 24,

2006, at 9:00 a.m. shall be an excludable period of time pursuant to 18 U.S.C. §

3161(h)(8)(A), the Defendant shall immediately execute and file formal waiver of his

speedy trial rights documenting his agreement to the continuance and to the exclusion of

time.

IT IS SO ORDERED this 16th day of December, 2005. ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Presented by:

 s/ Katheryn Kim Frierson 

KATHERYN KIM FRIERSON

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101

Telephone: 206/553-4737

Facsimile: 206/553-2422

E-mail: katheryn.k.frierson@usdoj.gov

s/ Glen Alan Prior 

GLEN ALAN PRIOR

Attorney for Dong Wan Park

Bar No. 22487

3700 Pacific Highway East #306

Fife, Washington 98424

Telephone: 253/926-8931

Facsimile: 253/276-0302

E-mail: pacificlaw@usa.com

Case 3:05-cr-05811-RBL Document 17 Filed 12/16/05 Page 3 of 3