STIPULATED ORDER CONTINUING DUE 

DATE FOR PRE-TRIAL MOTIONS AND 

TRIAL DATE - 1 

LAW OFFICES OF 

MONTE E. HESTER, INC., P.S. 

1008 SOUTH YAKIMA AVENUE, SUITE 302 

TACOMA, WASHINGTON 98405 

(253) 272-2157 

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Judge Ronald B. Leighton 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

UNITED STATES OF AMERICA, ) 

 ) 

 Plaintiff, ) NO. CR06-5216RBL 

 ) 

vs. ) STIPULATED ORDER 

 ) CONTINUING DUE DATE 

MATTHEW PEASLEY, ) FOR PRE-TRIAL MOTIONS 

 ) CUTOFF, PRE-TRIAL MOTIONS 

 Defendant. ) HEARING AND TRIAL DATE 

 ) 

 Before this court is a joint motion for a motion for continuance of the due 

date of the pre-trial motions which are presently scheduled for May 4, 2006; the pre-trial 

hearing scheduled for June 7, 2006 and the trial, which is set for June 12, 2006. The 

defendant requires additional time to prepare his motions, to review discovery, to receive 

any additional discovery and to prepare for trial. 

 A continuance is also necessary due to the fact that counsel for the 

defendant has just received discovery and needs additional time to determine what pretrial motions should be filed and prepare for trial. Additionally, counsel for the defendant 

will be out of the country from June 10, 2006 until July 3, 2006. 

 Assistant United States Attorney, Mark Parrent, has no objection to a 

continuance and joins in the motion. 

 Additionally, defendant Peasley is not in custody. 

Case 3:06-cr-05216-RBL Document 8 Filed 05/09/06 Page 1 of 4
STIPULATED ORDER CONTINUING DUE 

DATE FOR PRE-TRIAL MOTIONS AND 

TRIAL DATE - 2 

LAW OFFICES OF 

MONTE E. HESTER, INC., P.S. 

1008 SOUTH YAKIMA AVENUE, SUITE 302 

TACOMA, WASHINGTON 98405 

(253) 272-2157 

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 Further, the defendant is aware of this motion, has no objection to a 

continuance, and joins in this motion. Mr. Peasley shall file a waiver of speedy trial. 

 That the court finds, after a consideration of all relevant information 

(including the affidavit filed by Brett A. Purtzer in support of the motion for a 

continuance) and the circumstances of this case, that without this continuance the 

defendant will be prejudiced and the ability to properly prepare for trial would be 

impaired. Failure to grant a continuance under these circumstances would result in a 

miscarriage of justice. The ends of justice would best be served by the granting of the 

motion for continuance to ensure continuity of counsel and adequate trial preparation. 

The ends of justice outweigh the best interests of the public and the defendant in having 

the matter brought to trial sooner. 

 For these reasons, the court finds the defendant’s motion for continuance 

should be granted. 

 The motion cut-off date scheduled for May 4, 2006 is VACATED. 

Motion cut-off shall be RESCHEDULED TO July 21, 2006. 

 The trial brief, proposed jury instructions, witness list, any written 

stipulations, proposed verdict forms and motions in limine shall be submitted by 

September 6, 2006. 

 The pre-trial motion date scheduled for June 7, 2006 is VACATED. Pretrial motion hearing, if needed, shall be SCHEDULED FOR August 11, 2006 at 8:30 

a.m. in Tacoma, Washington. 

 The trial date scheduled for June 12, 2006 is VACATED. Trial shall be 

RESCHEDULED TO September 11, 2006 at 9:00 a.m. in Tacoma, Washington. 

 The period of delay resulting from this continuance from the current trial 

date of June 12, 2006, to the new trial date of September 11, 2006, is hereby excluded for 

speedy trial purposes under 18 U.S.C. 3161(h)(8)(A) and (B) for purposes of computing 

Case 3:06-cr-05216-RBL Document 8 Filed 05/09/06 Page 2 of 4
STIPULATED ORDER CONTINUING DUE 

DATE FOR PRE-TRIAL MOTIONS AND 

TRIAL DATE - 3 

LAW OFFICES OF 

MONTE E. HESTER, INC., P.S. 

1008 SOUTH YAKIMA AVENUE, SUITE 302 

TACOMA, WASHINGTON 98405 

(253) 272-2157 

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the time limitations imposed by the Speedy Trial Act, 18 U.S.C. §§ 3161-3174. 

IT IS SO ORDERED this 9th day of May, 2006. 

 A

RONALD B. LEIGHTON 

UNITED STATES DISTRICT JUDGE 

Presented by: 

LAW OFFICES OF MONTE E. 

 HESTER, INC., P.S. 

Attorneys for Matthew Peasley 

By: 

 Brett A. Purtzer 

 

Approved by: 

UNITED STATES ATTORNEY'S OFFICE 

By: 

 Mark Parrent 

 Assistant United States Attorney 

Case 3:06-cr-05216-RBL Document 8 Filed 05/09/06 Page 3 of 4
STIPULATED ORDER CONTINUING DUE 

DATE FOR PRE-TRIAL MOTIONS AND 

TRIAL DATE - 4 

LAW OFFICES OF 

MONTE E. HESTER, INC., P.S. 

1008 SOUTH YAKIMA AVENUE, SUITE 302 

TACOMA, WASHINGTON 98405 

(253) 272-2157 

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CERTIFICATE OF SERVICE 

 Lee Ann Mathews, hereby certifies under penalty of perjury under the laws of the 

State of Washington, that on the day set forth below, I delivered true and correct copies 

of the Order on Motion to Continue Due Date for Pre-trial Motions and Trial Date to 

which this certificate is attached, e-mail to the following: 

 United States Attorney’s Office – Mark Parrent 

 United States District Court Clerk’s Office 

and by U.S. Mail to: 

Matthew Peasley, defendant 

 

 Signed at Tacoma, Washington this ____ day of May, 2006. 

 _______________________________ 

 Lee Ann Mathews 

Case 3:06-cr-05216-RBL Document 8 Filed 05/09/06 Page 4 of 4