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UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

ORDER CONTINUING TRIAL

United States v. Silva-Chavez, et al. (CR06-0026RSL) - 1

Chief Judge Lasnik

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR06-198RSL

Plaintiff, )

)

v. ) ORDER CONTINUING TRIAL

)

DANIEL SILVA-CHAVEZ, et al. )

)

Defendants. ) )

On June 23, 2006, defendant Gabriel Silva-Chavez filed a Motion to Continue the

Trial Date in the above-captioned matter (Doc. 134). The government agreed that a

continuance is appropriate, and filed a pleading suggesting a trial date of March 12, 2007

(Doc. 197). On July 17, 2006, the Court held a Status Conference, with all twenty

pending defendants in attendance. With the exception of defendant Pedro CuellarGarcia, no defendant objected to a continuance of the trial date. The overwhelming

majority of the defendants joined in the motion for continuance, as set forth on the record

at the Status Conference. Eleven defendants requested a trial in or about March 2007. 

Other defendants requested a trial date in October 2006.

For the reasons set forth in Defendant Gabriel Silva-Chavez’s Motion to Continue

(Doc. 134), the Government’s Status Conference Memorandum (Doc. 197), and the

additional reasons set forth orally by the Court at the Status Conference,

THE COURT FINDS that this is a complex case involving extensive discovery

and allegations of a 25-defendant conspiracy that spanned more than three years. Among

other voluminous discovery, the government will produce more than 15,000 wiretapped

Case 2:06-cr-00198-RSL Document 219 Filed 07/25/06 Page 1 of 3
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UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

ORDER CONTINUING TRIAL

United States v. Silva-Chavez, et al. (CR06-0026RSL) - 2

phone calls over twelve target telephones, over one hundred consensually recorded

conversations, hundreds of surveillance photographs and videos, hundreds of

photographs documenting the searches of over twenty locations, and hundreds of law

enforcement reports. Nearly all of the wiretap and consensual recordings are in Spanish,

and will need to be translated by the parties prior to trial. 

THE COURT FURTHER FINDS that continuing the trial in this case is necessary

to allow defense counsel adequate time to review the discovery materials, acquire

translations of the recordings, investigate the facts of the case, prepare and litigate pretrial motions, and effectively prepare for trial. In this regard, the Court notes that within

the last two weeks, several defendants have replaced appointed counsel with newly hired

private counsel, highlighting the need for these defendants to have additional time to

review discovery and prepare for trial.

THE COURT FURTHER FINDS, pursuant to 18 U.S.C. § 3161(h)(8)(A), that the

ends of justice served by continuing the trial in this case outweigh the interest of the

public and of the defendants in a more speedy trial;

THE COURT FURTHER FINDS that, with respect to any defendants who object

to a trial continuance, or the length of the trial continuance, a continuance of their trials is

appropriate pursuant to 18 U.S.C. § 3161(h)(7) (“A reasonable period of delay [is

excluded] when the defendant is joined for trial with a codefendant as to whom the time

for trial has not run and no motion for severance has been granted.”). See United States

v. Messer, 197 F.3d 330, 337 (9th Cir. 1999) (“It is well established that an exclusion

from the Speedy Trial clock for one defendant applies to all codefendants.”); United

States v. Daychild, 357 F.3d 1082, 1090-91 (9th Cir. 2004) (holding that a delay from a

grant of trial continuance to one defendant is also excludible time for a joined

codefendant); United States v. Butz, 982 F.2d 1378, 1381 (9th Cir. 1993) (same).

//

//

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UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

ORDER CONTINUING TRIAL

United States v. Silva-Chavez, et al. (CR06-0026RSL) - 3

IT IS THEREFORE ORDERED that the trial in this case shall be continued until

March 12, 2007, and that the period of time from August 14, 2006, up to and including

March 12, 2007, shall be excludable time under 18 U.S.C. § 3161(h)(8)(A); and

IT IS FURTHER ORDERED that the deadline for filing pretrial motions shall be

November 3, 2006. Responses to all pretrial motions shall be due no later than

December 4, 2006. Reply briefs shall be filed no later than December 18, 2006.

SO ORDERED this 25th day of July, 2006.

A

Robert S. Lasnik

United States District Judge

Presented by:

JOHN McKAY

United States Attorney

s/Todd Greenberg 

TODD GREENBERG

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-3903

Telephone: (206) 553-2636

Fax: (206) 553-4440

E-mail: Todd.Greenberg4@usdoj.gov

Case 2:06-cr-00198-RSL Document 219 Filed 07/25/06 Page 3 of 3