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/CASEY - 1

CR06-169

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Judge Martinez

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR06-159 

Plaintiff, )

 )

 v. ) ORDER CONTINUING 

) TRIAL DATE 

BERNARD CASEY )

)

Defendant. )

) )

This matter having come before the undersigned Court by stipulation and motion

of counsel, the United States through the United States Attorney for the Western District

of Washington, Susan M. Roe, Assistant United States Attorney for said district, and

Bernard Casey by and through his attorney Robert Leen, the Court being fully advised in

the matter, now finds that 

The trial was scheduled for February 29, 2007. The defendant waived his speedy

trial rights until the end of April 2007, which is beyond the new trial date of April 2,

2007. The motion is made because there is a strong possibility that the matter will

resolve short of trial as to both defendants and because a related defendant has changed

counsel.

All parties believe that with the continuance, this matter will be handled other than

with a trial and that the continuance may be to the defendants’ benefit. 

The Court is aware that time limitations for trial and speedy trial concerns are set

forth in Title 18, United States Code, Section 3161. 

Case 2:06-cr-00159-RSM Document 38 Filed 12/11/06 Page 1 of 2
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/CASEY - 2

CR06-169

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Section 3161(h) outlines the periods of excludable time, including:

(8)(A) Any period of delay resulting from a continuance

granted by any judge on his own motion or at the request of

the defendant or his counsel or at the request of the attorney

for the Government, if the judge granted such continuance on

the basis of his findings that the ends of justice served by

taking such action outweigh the best interest of the public and

the defendant in a speedy trial. No such period of delay

resulting from a continuance granted by the court in

accordance with this paragraph shall be excludable under this

subsection unless the court sets forth, in the record of the

case, either orally or in writing, its reasons for finding that the

ends of justice served by the granting of such continuance

outweigh the best interests of the public and the defendant in

a speedy trial.

In this matter, the Court finds that further time is reasonable and necessary as the

requested time is within the speedy trial time period. Further, that the ends of justice,

especially those which deal with consideration of victims and witnesses, are served by the

requested continuance as this Title 21 trial has few civilian witnesses and no known

victims. Therefore, the trial date is continued from February 12, 2007 until April 2, 2007.

Dated this _11_ day of December, 2006. 

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Presented by:

s/ Susan M. Roe 

SUSAN M. ROE

Assistant United States Attorney

WSBN 13000

United States Attorney's Office

700 Stewart Street, Suite 5220

Seattle, WA 98101-1271

Telephone: 206.553.1077

Fax: 206.553.4440

E-mail: Susan.Roe@usdoj.gov

Case 2:06-cr-00159-RSM Document 38 Filed 12/11/06 Page 2 of 2