STIPULATION AND ORDER EXTENDING

MOTIONS FILING DEADLINE AND

CONTINUING TRIAL DATE; 

CR05-168JCC - 1

JUDGE JOHN C. COUGHENOUR

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

 Plaintiff, ) NO. CR05-168JCC

)

v. ) STIPULATION AND ORDER

) EXTENDING MOTIONS FILING

ALBERT NIEBOER, ) DEADLINE AND CONTINUING 

) TRIAL DATE

 Defendant. )

____________________________________)

Plaintiff United States of America and defendant ALBERT NIEBOER, by and

through their undersigned counsel of record, hereby stipulate and agree to extend the

deadline for filing motions from May 19, 2005, to June 23, 2005, and to a continuance of

the trial date from June 20, 2005, to July 25, 2005. This continuance is requested, and

required in the interest of justice, for the following reasons.

Plea negotiations are ongoing, and the parties fully expect this case to be resolved

without he need for a trial. However, the initiation of plea discussions was delayed for

two weeks by defense counsel's previously scheduled trip abroad. During the past week,

the Assistant United States Attorney has been unavailable. Further complicating these

discussions is the fact that the defendant is a Canadian citizen who has been released on

conditions, and thus requires permission to reenter the country to meet with his counsel

to review discovery. There have been no previous extensions or continuances.

Accordingly, the parties request an extension of the motions filing deadline from

May 19, 2005, to June 20, 2005, and a continuance of the trial date from June 20, 2005,

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STIPULATION AND ORDER EXTENDING

MOTIONS FILING DEADLINE AND

CONTINUING TRIAL DATE; 

CR05-168JCC - 2

to July 25, 2005. Failure to grant a continuance would unreasonably deny defense counsel

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

diligence. 18 U.S.C. §3161(h)(8)(B)(iv).

Defense counsel represents to the Court that the defendant agrees to the requested

continuance of the trial date and that the defendant will execute a Waiver of Speedy Trial,

waiving his rights under the Sixth Amendment and the Speedy Trial Act. 18 U.S.C.

§3161, et. seq. , and agreeing that the period from June 20, 2005, until the new trial date

shall be an excludable period of time pursuant to 18 U.S.C. §3161(h)(8)(A). 

 DATED this 10th day of June, 2005.

RICHARD J. TROBERMAN, P.S.

By:__________________________

 RICHARD J. TROBERMAN

 WSBA #6379

 Attorney for Defendant

 Troy L. Taylor

JOHN McKAY

United States Attorney

By: ___________________________

 JILL OTAKE

 Assistant U.S. Attorney

ORDER

Based upon the above stipulation of the parties, and for the reasons set forth

therein, the Court finds that, pursuant to 18 U.S.C. §3161(h)(8)(A), the ends of justice

served by granting the requested continuance outweigh the best interest of the public and

the defendant in a speedy trial, and that the period of delay resulting from this continuance

shall be excluded in computing the time within which the trial of this matter must

commence. Accordingly, 

IT IS HEREBY ORDERED that, subject to the Court's receipt of an appropriately

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STIPULATION AND ORDER EXTENDING

MOTIONS FILING DEADLINE AND

CONTINUING TRIAL DATE; 

CR05-168JCC - 3

completed Speedy Trial Waiver, the motion filing deadline in the above entitled cause

shall be continued from May 19, 2005, to June 23, 2005, and it is

FURTHER ORDERED that the trial date is continued from June 20, 2005, to July

18, 2005.

 DATED this 10th day of June, 2005.

AUNITED STATES DISTRICT JUDGE

Case 2:05-cr-00168-JCC Document 18 Filed 06/10/05 Page 3 of 3