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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order Continuing Trial Date/U.S. v. Gallo, et al. -1

CR06-5351RBL

Judge Leighton

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, )

) CASE NO. CR06-5351RBL

Plaintiff, )

) ORDER CONTINUING

v. ) TRIAL DATE

)

GUSTAVO GALLO-MARTINEZ, )

 a/k/a Jose Gomez, Jose Gomez-Gallo, )

ELENA CASTANEDA-PULIDO, )

 a/k/a “Nena” )

CARLOS McPHIE, a/k/a “Los” )

MIGUEL MIER-NAVA, )

 a/k/a “Chiquillin,” )

MANUEL BRAVO-GERALDO, )

 a/k/a “Pelon,” Manuel Garcia-Bustamante, )

JUAN CARLOS BRAVO-GERALDO, )

 a/k/a Omar Diaz, )

LAURO AGUILLAR-CANCHE, )

 a/k/a “Flaco,” )

CARLOS AGUILLAR-CANCHE, )

 a/k/a Jose Blanco-Canche, “Flaco’s Brother, )

EDUARDO GOMEZ-RAMIREZ, )

THOMAS MENDOZA-AGUILAR, )

 a/k/a “Rica,” )

ROSARA VILLAVICENCIO-CHAVEZ, )

 a/k/a “Rica’s Wife,” )

)

Defendants. ) )

THIS MATTER came before the Court upon the motion of defendant Elena

Castaneda, through her attorney, Steven J. Krupa, defendant Carlos McPhie, through his

attorney, Paula T. Olson, defendant Juan Carlos Bravo, through his attorney, William T.

Hines, defendant Miguel Mier Nava, through his attorney, Judy Mandel, defendant

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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order Continuing Trial Date/U.S. v. Gallo, et al. -2

CR06-5351RBL

Thomas Mendoza, through his attorney, Robert M. Leen, and defendant Rosalva

Villavicencio, through her attorney, Raul Mendez, and the United States of America, by

and through John McKay, United States Attorney for the Western District of Washington,

and Douglas B. Whalley, Matthew H. Thomas, and Vincent T. Lombardi II, Assistant

United States Attorneys for said District, requesting a continuance of the trial date. 

Having considered all the files and records herein,

THIS COURT FINDS, pursuant to Title 18, United States Code, Section

3161(h)(8)(B)(I) that failure to grant such a continuance in the proceeding would likely

make a continuation of such proceeding impossible, or result in a miscarriage of justice.

THIS COURT FINDS, pursuant to Title 18, United States Code, Section

3161(h)(8)(B)(iv), that failure to grant the continuance in this case, which, taken as a

whole, is not so unusual or so complex as to fall within clause (ii), would deny counsel

for the defendants the reasonable time necessary for effective preparation, due to

counsels’ need for more time to review the evidence and consider possible defenses and

motions, taking into account the exercise of due diligence;

THIS COURT FINDS, pursuant to Title 18, United States Code, Section

3161(h)(7), that this is a reasonable period of delay in that the defendants are joined for

trial and no previous motion for continuance has been granted, and some of the

defendants have indicated that they need more time to prepare for trial. 

THIS COURT FINDS, therefore, that pursuant to Title 18, United States Code,

Section 3161(h)(8)(A), the ends of justice will best be served by a continuance, and that

they outweigh the best interests of the public and the defendants in a speedy trial.

THIS COURT FURTHER FINDS that all of the additional time requested between

the original trial date of July 24, 2006 and the new trial date of November 27, 2006 is

necessary to provide counsel for the defendants the reasonable time necessary to prepare

for trial.

NOW, THEREFORE, IT IS HEREBY ORDERED that the TRIAL DATE will be

continued until November 27, 2006 at 9:00 a.m., with a PRETRIAL MOTION

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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order Continuing Trial Date/U.S. v. Gallo, et al. -3

CR06-5351RBL

HEARING, if needed, on November 7, 2006 at 9:00 a.m., and that the date within

which the PRETRIAL MOTIONS are due is continued to October 2, 2006. The time

between this date and the new trial date is excluded in computing the time within which a

trial must be held pursuant to Title 18, United States Code, Section 3161, et. seq. The

Status/Pretrial Conference scheduled for July 19, 2006 is hereby STRICKEN.

IT IS SO ORDERED this 13th day of July, 2006. ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Digitally Signed upon oral authorization (JAB)

Presented by: Presented by:

s/Steven J. Krupa JOHN McKAY

STEVEN J. KRUPA United States Attorney

Attorney for Elena Castaneda

s/Paula T. Olson /s Douglas B. Whalley PAULA T. OLSON DOUGLAS B. WHALLEY

Attorney for Carlos McPhie Assistant United States Attorney

s/William T. Hines /s Matthew H. Thomas 

WILLIAM T. HINES MATTHEW H. THOMAS

Attorney for Juan Carlos Bravo Assistant United States Attorney

s/Judy Mandel /s Vincent T. Lombardi II

JUDY MANDEL VINCENT T. LOMBARDI II

Attorney for Miguel Mier Nava Assistant United States Attorney

s/Robert M. Leen 

ROBERT M. LEEN

Attorney for Thomas Mendoza

s/Raul Mendez 

RAUL MENDEZ

Attorney for Rosalva Villavicencio

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UNITED STATES ATTORNEY

1201 PACIFIC AVENUE, SUITE 700

TACOMA, WASHINGTON 98402-4305

(253) 428-3800

Order Continuing Trial Date/U.S. v. Gallo, et al. -4

CR06-5351RBL

CERTIFICATE OF SERVICE

I hereby certify that on July 12, 2006, I electronically filed the foregoing Agreed

Motion to Continue Trial Date and Pretrial Motion Date with the Clerk of Court using the

CM/ECF system which will send notification of such filing to the attorneys of record for

the defendants. 

s/Matthew H. Thomas 

Assistant United States Attorney

United States Attorney’s Office

1201 Pacific Avenue, Suite 700

Tacoma, Washington 98402

Telephone: (253) 428-3800

Facsimile: (253) 428-3826

E-mail: Matthew.H.Thomas@usdoj.gov

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