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UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101- 1271 (206) 553-7970

Order Continuing Trial Date and Pre-trial

Motions Due Date/U.S. v. Lopez-Aguilar - 1

CR06-5101RBL

Judge Leighton

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA 

UNITED STATES OF AMERICA, )

) NO. CR06-5101RBL

Plaintiff, )

)

v. ) ORDER CONTINUING TRIAL 

) DATE AND DEADLINE FOR 

JOSE ANGEL LOPEZ-AGUILAR, ) PRE-TRIAL MOTIONS

a/k/a “Pepe,” Feliz Jose Pacheco-Pacheco, )

Jose Angel Lopez-Vazquez, )

JOSE VAZQUEZ -LOPEZ, )

a/k/a “Chapelo,” Jose Vazquez, and )

SANBINO GARCIA-QUIROZ, )

a/k/a “Flaco,” Bertoldo Orta-Garcia, )

Otoniel Rodriguez-Mercado, )

)

Defendants. ) )

All Defendants, through counsel, and the United States have requested a continuance of the trial

date and pretrial motions deadline previously set in this case, and all Defendants have submitted a written

speedy trial waivers through June 23, 2006; accordingly:

THE COURT FINDS:

1. This case involves an alleged interstate conspiracy to possess with intent to

distribute a large quantity of Methamphetamine. Trial was originally set for April 10, 2006. A discovery

conference was held on February 28, 2006, and the United States provided discovery at that time.

2. After a substitution of counsel, new counsel for Defendant Lopez-Aguilar entered

the case on March 6, 2006. A second discovery conference was held for new counsel on March 14,

Case 3:06-cr-05101-RBL Document 40 Filed 03/27/06 Page 1 of 3
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UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101- 1271 (206) 553-7970

Order Continuing Trial Date and Pre-trial

Motions Due Date/U.S. v. Lopez-Aguilar - 2

CR06-5101RBL

2006.

3. All Defendants’ primary language is Spanish, requiring the use of interpreters and

translation of evidence. The process of translating evidence, documents, and plea offers takes additional

time.

4. Attorneys for all Defendants require additional time to analyze the disclosed

reports and prepare a defense. Defendants also need additional time to review and analyze discovery in

preparation for pretrial motions. Both parties require additional time to engage in plea negotiations.

5. Because of all these factors, Defendants and Defense counsel agree that they

cannot adequately be prepared for trial on April 10, 2006. They request a continuance until June, 2006.

6. The United States does not oppose this request for continuance.

IT IS HEREBY ORDERED that the JURY TRIAL shall be continued from April 10, 2006, until

JUNE 5, 2006 AT 9:00 A.M. The deadline for filing pre-trial motions is extended to 

APRIL 24, 2006. A MOTION HEARING, if needed, is scheduled for MAY 11, 2006 at 9:00 A.M.

The PRE-TRIAL CONFERENCE is scheduled for MAY 31, 2006 at 9:00 A.M.

THE COURT FINDS that the period of time between April 10, 2006, and this new trial date shall

be excluded from computation under 18 U.S.C. §§ 3161(h)(8)(A), and 3161(h)(8)(B)(I) and (iv), because

of the nature of the prosecution, and the need for counsel for the Defendants for more time for effective

preparation, taking into account the exercise of due diligence, and that it is unreasonable to expect

effective preparation for pretrial proceedings or for the trial itself within the time limits established by the

Speedy Trial Act. The Court finds that failure to grant such a continuance would result in a miscarriage

of justice.

/////////

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/////////

THE COURT FURTHER FINDS that the ends of justice served by this continuance outweigh the

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UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101- 1271 (206) 553-7970

Order Continuing Trial Date and Pre-trial

Motions Due Date/U.S. v. Lopez-Aguilar - 3

CR06-5101RBL

best interest of the public and Defendants in a speedy trial. 

IT IS SO ORDERED this 27th day of March, 2006. ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Presented by: 

s/ Sarah Vogel/Matthew H. Thomas 

SARAH VOGEL

MATTHEW H. THOMAS

Assistant United States Attorneys

Approved telephonically:

s/ Thomas A. Cena, Jr. 

THOMAS A CENA, JR.

Counsel for Jose Angel Lopez-Aguilar 

s/ Thomas A. Campbell 

THOMAS A. CAMPBELL

Counsel for Jose Vazquez-Lopez

s/ Judith M. Mandel 

JUDITH M. MANDEL

Counsel for Otoniel Rodriguez-Mercado 

Case 3:06-cr-05101-RBL Document 40 Filed 03/27/06 Page 3 of 3