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SECOND ORDER CONTINUING TRIAL DATE

MACKE/CR06-127 - 1

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. CR060-127RSM 

Plaintiff, )

 )

 v. ) SECOND ORDER 

) CONTINUING TRIAL DATE 

JOSHUA S. MACKE and )

JAMIE L. MACKE, )

)

Defendants. ) )

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

Joshua Macke by and through his attorney David Gehrke and Jamie Macke by and

through her attorney Stewart Riley, the Court being fully advised in the matter, now finds

that; 

The trial was scheduled for September 11, 2006. The motion is made because

there is a strong possibility that the matter will resolve short of trial as to both defendants,

however, the schedules of counsel has delayed the resolution. 

All counsel have been diligent in addressing this matter, however resolution of this

matter is affected by a continuing investigation into many other targets. The complicated

facts of the investigation and of other targets delay determination of the parameters of

these defendants’ culpability. Further investigation may tend to exculpate one of these

Case 2:06-cr-00127-RSM Document 22 Filed 09/08/06 Page 1 of 3
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SECOND ORDER CONTINUING TRIAL DATE

MACKE/CR06-127 - 2

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

defendants and both defendants stand to benefit by further investigation. After more

investigation, the attorneys may need additional time for discussion and additional

necessary attorney-counsel discussion. None of this can be accomplished satisfactorily

prior to trial.

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. 

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.

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SECOND ORDER CONTINUING TRIAL DATE

MACKE/CR06-127 - 3

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

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 September 11, 2006 until October 23,

2006. 

Dated this 8th day of September, 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-00127-RSM Document 22 Filed 09/08/06 Page 3 of 3