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ORDER

RE EXCLUDABLE TIME

SHERMAN/CR05-181JCC - 1

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR05-181JCC

Plaintiff, )

)

v. ) ORDER CONTINUING

) TRIAL DATE AND 

GERALD ALAN SHERMAN, ) FINDING EXCLUDABLE

) TIME

Defendant. ) )

Based on representations made by the parties on the record and in a filed

stipulation, and on the record in this case, the Court hereby makes the following findings

and enters the following order:

1. Defendant Gerald Alan Sherman was arrested and arraigned on May 5,

2005. Trial was originally scheduled to commence on June 27, 2005, but previously was

continued twice at the defendant’s request. Trial most recently was scheduled to begin on

June 26, 2006.

2. Time has been excluded from the requirements of the Speedy Trial Act since

June 2, 2005 based on the pendency of motions filed by the defendant as well as on

findings of excludable time made by this Court.

3. Without a further exclusion of time, trial must begin in this case on or before

August 7, 2006.

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ORDER

RE EXCLUDABLE TIME

SHERMAN/CR05-181JCC - 2

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

4. Because this trial may take longer than originally anticipated and because of

conflicts in the Court’s calendar, on June 14, 2006, the Court suggested to the parties that

the trial be continued until July 24, 2006, or, in the alternative, assigned to a different

judge.

5. The parties did not desire that the case be assigned to a different judge.

6. One of the lawyers representing the government informed the Court that the

proposed July 24, 2006 trial date would be problematic because he and his family have a

prepaid vacation to Hawaii that is scheduled to begin on August 3, 2006 with counsel

returning to the office on August 21, 2006. This absence clearly would overlap with any

trial of this case beginning on July 24, 2006.

7. Counsel for the government who has the conflict has been assigned to this

complex case since its inception. The parties agree and the Court finds that it is in the

public’s interest to take advantage of the efficiency of maintaining the assignment of an

attorney who has been involved with the case for such a length of time and that a failure to

grant this continuance would unreasonably deny the government continuity of counsel. 18

U.S.C. § 3161(h)(8)(B)(iv). The defense does not object to the continuance for this

reason.

8. Defense counsel is representing the defendant in State v. Anthony-Jones in

King County Superior Court. That case involves an allegation of second-degree murder. 

Trial is scheduled to begin on August 21, 2006 and is expected to last approximately four

weeks. Defense counsel also has a trial scheduled in United States v. Cameron for

September 18, 2006 in U.S. District Court. That trial is expected to last approximately

one and one-half weeks, although the trial date may be moved. Because of these trials,

defense counsel would be unable to commit to a trial date in this case before the scheduled

October 2, 2006 date. The parties agree and the Court finds that it is in the public’s

interest as well as the defendant’s interest to maintain continuity of defense counsel and

that a trial in August or September, 2006 would not permit that continuity.

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ORDER

RE EXCLUDABLE TIME

SHERMAN/CR05-181JCC - 3

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

9. Accordingly, the parties agree that it is appropriate that the Court make a

finding of excludable time pursuant to 18 U.S.C. § 3161(h) for the period of time from

June 26, 2006, to October 2, 2006.

10. Accordingly, the Court finds that the ends of justice outweigh the best

interest of the public and the defendant in a speedy trial, and that a failure to grant a

continuance under these circumstances would result in a miscarriage of justice.

Based on these findings,

IT IS HEREBY ORDERED that the trial date is continued from June 26, 2006 to

October 2, 2006.

IT IS FURTHER ORDERED that pursuant to 18 U.S.C. § 3161(h), the period of time

from June 26, 2006 to October 2, 2006 is excluded in the computation of time under the

Speedy Trial Act.

DATED this 21st day of June 2006.

A

UNITED STATES DISTRICT JUDGE

Presented by:

/s/ J. Tate London 

J. TATE LONDON

Assistant United States Attorney

Washington Bar No. 18097

700 Stewart Street, Suite 5220

Seattle, Washington 98101

Telephone: (206) 553-4064

Fax: (206) 553-2502

E-mail: Tate.London@usdoj.gov

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ORDER

RE EXCLUDABLE TIME

SHERMAN/CR05-181JCC - 4

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

/s/ Mark Parrent 

MARK PARRENT

Assistant United States Attorney

California Bar No. 159755

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, WA 98101

Telephone: (206) 553-4113

Fax: (206) 553-0755

E-mail: Mark.Parrent2@usdoj.gov

Copy Received; Notice of Presentation Waived

 s/ Stephan R. Illa * 

STEPHAN R. ILLA

Attorney for Gerald Alan Sherman

Washington Bar No. 15793

600 First Avenue Suite 433

Seattle, Washington 98104

Telephone: (206) 464-4142

Fax: (206) 855-9702 

E-mail: thestephanator@msn.com

* Signed per telephonic authorization

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