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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 1

United States v. Galindo-Zurita, et al., CR06-149RSM

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. CR06-149RSM

Plaintiff, )

)

v. )

)

JOSE L. GALINDO-ZURITA, et. al., ) ORDER CONTINUING 

) PRETRIAL MOTIONS DEADLINE

Defendants. ) AND TRIAL DATE

_______________________________________)

On behalf of all parties, the United States filed an Unopposed Motion for Order

continuing the pretrial motions due date and the trial date, currently set for July 13 and

August 28, 2006, respectively.

This Court’s decision is based on the facts stated in the Unopposed Motion and

apparent from the record, including the following specific findings:

1. This case is complex and involves two related indictments and nineteen

charged conspirators. It stems from a long-term investigation involving multiple agencies,

and included the simultaneous execution of over thirty search warrants in two states on the

date of arrest. The charges carry the potential for mandatory 10-year, 

20-year, or even mandatory life sentences for some defendants, depending on criminal

history.

2. This case involves a large volume of discovery that counsel must review prior to

trial. Among this discovery is several thousand conversations intercepted over three Courtauthorized Title III wire intercepts (wiretaps). Many of these calls are not in English, and

Case 2:06-cr-00149-RSM Document 134 Filed 07/19/06 Page 1 of 3
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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 2

United States v. Galindo-Zurita, et al., CR06-149RSM

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

must be translated into English for counsel and the Court. The translation effort has been

complicated by the fact that some calls are in an indigenous language of Southern Mexico,

Mixteco Bajo, for which English-speaking translators are very difficult to find. The

transcription/translation process in this case is expected to take several months. A

continuance of the motions and trial dates will ensure that counsel has sufficient time to

review these telephone calls prior to trial. 

3. Defendants’ counsel need additional time to prepare for motions, plea

negotiations, and trial, in order to provide defendants with adequate, effective, and continued

representation. Counsel assert that proceeding with the current motions and trial dates would

result in a miscarriage of justice. Counsel agree that an approximate three-month

continuance is appropriate and necessary in light of the factors listed above.

4. Defendants’ counsel anticipate that each of their clients will issue a written

knowing, voluntary, and intelligent waiver of his/her right to a speedy trial through

November, 2006. 

5. In light of the interest of the public in ensuring the accused adequate, effective,

and continued representation by counsel presently assigned, this Court finds that the ends of

justice served by granting a continuance outweigh the best interest of the public and

defendants in a speedy trial. This Court further concludes that the above findings and bases

for continuing the trial comport with 18 U.S.C. § 3161(h) and the United States Supreme

Court's recent decision in Zedner v. United States, 126 S. Ct. 1976 (2006).

Accordingly, for the reasons listed above and those apparent from the record, the

Unopposed Motion for Continuance is HEREBY GRANTED. 

Trial is reset for November 13, 2006 at 9:00 a.m.

Pretrial Motions are due on September 7, 2006.

The Court further finds that time from the filing of the stipulated motion through the

new trial date shall be excluded from computation under 18 U.S.C. §§ 3161(h)(8)(A),

3161(h)(8)(B)(i), and 3161(h)(8)(B)(ii) because the failure to grant the requested continuance

would be likely to result in a miscarriage of justice, and because the case is so complex due

Case 2:06-cr-00149-RSM Document 134 Filed 07/19/06 Page 2 of 3
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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 3

United States v. Galindo-Zurita, et al., CR06-149RSM

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

to the number of defendants, the nature of the prosecution, and the existence of novel

questions of fact or law, that it is unreasonable to expect adequate preparation for pretrial

proceedings or for the trial itself within the time limits established by the Speedy Trial Act.

Dated this __18__ day of July, 2006.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Presented by:

s/ Sarah Y. Vogel 

SARAH Y. VOGEL

Assistant United States Attorney

United States Attorney's Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

Telephone: (206) 553-7970

Facsimile: (206) 553-4440

E-mail: Sarah.Vogel@usdoj.gov

Approved on July 10-11, 2006 by:

s/ 

PETER MAZZONE

for Jose L. Galindo-Zurita

s/ 

HOWARD PHILLIPS

for Marcela Rodriguez-Zurita

s/ 

WALTER GEORGE PALMER

for Jade Medina-Parra

s/ 

JEFFREY C. GRANT

for Juana Garcia-Rodriguez

s/ 

MICHAEL C. MARTIN

for Karen M. Creech

s/ 

BRUCE DAVID ERICKSON

for Rhonda L. Schweitzer

s/ 

ALLEN R. BENTLEY

for Jeffrey D. French

s/ 

MARK DAVID MESTEL

for Mary F. Handy

s/ 

PETER K. MAIR

for Dale L. Trisco

Case 2:06-cr-00149-RSM Document 134 Filed 07/19/06 Page 3 of 3