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UNITED STATES ATTORNEY

SEAFIRST FIFTH AVENUE PLAZA BUILDING

800 FIFTH AVENUE, SUITE 3600

SEATTLE, WASHINGTON 98104

(206) 553-7970

ORDER CONTINUING TRIAL/WATERS 

(CR05-5828FDB) - 1

Judge Franklin D. Burgess

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, )

) NO. CR05-5828FDB

Plaintiff, )

)

v. ) ORDER CONTINUING TRIAL

)

BRIANA WATERS, )

)

Defendant. ) )

The Court, having considered the Stipulated Motion to Continue Trial filed by the

parties and the record in this case, hereby enters the following Order:

WHEREAS, WATERS currently is charged with Conspiracy, in violation of

18 U.S.C. § 371; with Using an Unregistered Firearm, in violation of 26 U.S.C.

§ 5861(d); with Arson, in violation of 18 U.S.C. § 844(I); and with Using a Destructive

Device During a Crime of Violence, in violation of 18 U.S.C. § 924©);

WHEREAS, this case is a factually-complicated case, which is based upon a

Second Superseding Indictment that charges WATERS with participating in a conspiracy

that stretched from 1996 to 2001 and was responsible for 25 different crimes, the majority

of them arsons;

WHEREAS, the Government currently is in the process of copying and producing

more than 27,000 pages of discovery materials to WATERS;

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UNITED STATES ATTORNEY

SEAFIRST FIFTH AVENUE PLAZA BUILDING

800 FIFTH AVENUE, SUITE 3600

SEATTLE, WASHINGTON 98104

(206) 553-7970

ORDER CONTINUING TRIAL/WATERS 

(CR05-5828FDB) - 2

WHEREAS, WATERS has retained Robert Bloom of Oakland, California, to

represent her, and Mr. Bloom will appear at trial as co-counsel, along with currentlyappointed defense counsel Neil Fox;

WHEREAS, Mr. Bloom is scheduled to commence an approximately three-month

trial in Detroit, Michigan, beginning on October 12, 2006;

WHEREAS, Defendant has filed a waiver of her right to speedy trial waiving that

right through May 31, 2007; now, therefore,

THE COURT FINDS that defense counsel will require additional time beyond the

currently scheduled trial date in order to investigate adequately this case and to represent

effectively WATERS;

THE COURT FURTHER FINDS, that scheduling the trial in this case for a date

earlier than May 7, 2007, would not allow defense counsel adequate time in order to conduct

investigation and trial preparation;

THE COURT FURTHER FINDS, pursuant to 18 U.S.C. § 3161(h)(8)(A), that the

ends of justice served by continuing the trial in this case until May 7, 2007, outweigh the

interest of the public and of the Defendant in a more speedy trial; therefore,

IT IS HEREBY ORDERED that the trial in this case be continued until May 7,

2007, that pretrial motions in this case be due February 16, 2007, and that responses to

pretrial motions be due March 1, 2007;

//

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//

//

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UNITED STATES ATTORNEY

SEAFIRST FIFTH AVENUE PLAZA BUILDING

800 FIFTH AVENUE, SUITE 3600

SEATTLE, WASHINGTON 98104

(206) 553-7970

ORDER CONTINUING TRIAL/WATERS 

(CR05-5828FDB) - 3

IT IS FURTHER ORDERED that the time between the current trial date of August

28, 2006, up to and including the new trial date of May 7, 2007, be excluded in computing

the time within which the trial in this case muse commence pursuant to 18 U.S.C.

§ 3161(h)(8)(A).

DONE this 5th day of July, 2006.

A

FRANKLIN D. BURGESS

UNITED STATES DISTRICT JUDGE

Presented by:

JOHN McKAY

United States Attorney

/s/ Mark Bartlett 

MARK BARTLETT

First Assistant United States Attorney

 /s/ Andrew C. Friedman 

ANDREW C. FRIEDMAN

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-3903

Telephone: (206) 553-7970

Fax: (206) 553-0882

E-mail: Mark.Bartlett@usdoj.gov

Andrew.Friedman@usdoj.gov

/s/ Neil M. Fox 

NEIL M. FOX

Counsel for Briana Waters

Cohen & Iaria

1008 Western Avenue

Seattle, Washington 98104

Telephone: (253) 624-9694

Fax: 206-624-9691

Email: nmf@cohen-iaria.com 

Case 3:05-cr-05828-RBL Document 34 Filed 07/06/06 Page 3 of 3