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(PROPOSED) ORDER GRANTING THE DEFENSE REQUEST 

TO CONTINUE THE TRIAL DATE

CR06-0164JLR - 1 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Honorable James L. Robart

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR06-0164JLR

Plaintiff, )

) (PROPOSED) ORDER GRANTING 

v. ) THE DEFENSE REQUEST TO 

) CONTINUE THE TRIAL DATE

TRACY DAMON LEE, )

)

Defendant. ) )

THE COURT having considered the defendant’s request to continue the trial date

and his agreement to extend the time for trial by signing a speedy trial waiver through

October 31, 2006, which will be filed separately with the Court, as well as the records and

files herein, hereby makes the following findings of fact:

1. That the defendant’s prior counsel, Carol Koller, was permitted to withdraw

from the case on July 14, 2006. See Dkt. No. 35. The defendant’s new counsel, Walter

Palmer, subsequently filed his notice of appearance on July, 17, 2006, and was officially

appointed as new counsel on July 20, 2006. See Dkt. Nos. 37 and 40. 

2. The time for speedy trial has been tolling in this matter since June 20, 2006,

when the defendant and his former attorney, Carol Koller, filed their motions. See Dkt.

Nos. 21 through 25. These motions are still currently pending as the hearing on these

motions had to be continued due to the appointment of new counsel, Walter Palmer. 

3. The Court finds that a failure to grant a continuance of the current trial date

(July 25, 2006) would deny Walter Palmer, the reasonable time necessary for effective

preparation, taking into account the exercise of due diligence, within the meaning of 18

U.S.C. § 3161(h)(8)(B)(ii).

4. The Court further finds that the ends of justice will be served by ordering a

Case 2:06-cr-00164-JLR Document 42 Filed 07/21/06 Page 1 of 2
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TO CONTINUE THE TRIAL DATE

CR06-0164JLR - 2 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

continuance in this case and that a continuance is necessary to insure effective trial

preparation and that these factors outweigh the bests interests of the public in a more

speedy trial within the meaning of 18 U.S.C. § 3161(h)(8)(A). 

IT IS THEREFORE ORDERED that the trial date be continued from July 25,

2006, to October 10, 2006. The deadline for the defense to file any additional pretrial

motions is August 22, 2006. The pretrial motions already pending and any additional

motions brought by the defendant’s new counsel, Walter Palmer, will be heard on

September 22, 2006. 

IT IS FURTHER ORDERED that the period of time from July 20, 2006, up to and

including the new proposed trial date of October 10, 2006, shall be excludable time

pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161, et. seq. As noted above the

defendant has agreed and will sign a waiver of speedy trial through October 31, 2006. 

DONE this 21st day of July, 2006. 

A JAMES L. ROBART

United States District Judge

Presented by:

 s/ C. Andrew Colasurdo C. ANDREW COLASURDO

Special Assistant United States Attorney

WA Bar #27449

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, WA 98101-1271

Telephone: (206) 553-4075

Fax: (206) 553-0755

E-mail: Andy.Colasurdo@usdoj.gov

s/ Walter Palmer (per telephonic approval) 

WALTER PALMER

Attorney for Tracy Damon Lee

Case 2:06-cr-00164-JLR Document 42 Filed 07/21/06 Page 2 of 2