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Order Continuing Trial and Motions 

Cutoff/Roman-Santana, et al./CR04-240P –1 UNITED STATES ATTORNEY

601 UNION STREET, SUITE 5100

SEATTLE, WASHINGTON 98101-3903

(206) 553-7970

Judge Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE 

UNITED STATES OF AMERICA, )

) NO. CR06-190 MJP

Plaintiff, )

)

v. )

) ORDER CONTINUING 

SAUL VILLASENOR NIETO, ) TRIAL DATE AND PRETRIAL

) MOTIONS DUE DATE

Defendant. )

 _________________________________)

THIS MATTER comes before the Court on a motion by the United States, joined

in by the defendant, to continue the trial date and the pretrial motions due date. Having

considered the entirety of the record and files herein, the Court finds that failure to grant

a continuance would likely result in a miscarriage of justice. The case is unusual and

complex. The defendant is accused of transporting over 11 kilograms of cocaine from the

United States into Canada in 2004. He was arrested in Canada. Most of the government’s

physical evidence is in Canada and all of the government’s witnesses are in Canada. The

government needs additional time to obtain the physical evidence and to guarantee the

appearance of the witnesses. Some discovery was delayed until permission to provide it

was received from Canadian law enforcement agencies. The case is also unusual because

the defendant was prosecuted in Canada for possession of the cocaine, and served

approximately 18 months in Canadian prison. He is a citizen of Mexico, but was residing

Case 2:06-cr-00190-MJP Document 15 Filed 07/26/06 Page 1 of 2
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Order Continuing Trial and Motions 

Cutoff/Roman-Santana, et al./CR04-240P –2 UNITED STATES ATTORNEY

601 UNION STREET, SUITE 5100

SEATTLE, WASHINGTON 98101-3903

(206) 553-7970

in the United States at the time of his arrest in Canada. The parties need additional time

to conduct plea negotiations which fairly consider the defendant’s unique situation. 

It is unreasonable to expect adequate preparation for trial before the current trial

date of August 7, 2006. The Court further finds that the interests of the public and the

defendants in a speedy trial in this case are outweighed by the ends of justice. 

IT IS NOW, THEREFORE, ORDERED that trial in this matter be continued to 

October 11, 2006, and that the time between the date of this Order and the new trial date

be excludable time under the Speedy Trial Act pursuant to Title 18, United States Code,

Sections 3161(h)(8)(A), 3161(h)(8)(B)(i), and 3161(h)(8)(B)(ii). 

IT IS FURTHER ORDERED that pre-trial motions shall be filed on or before 

September 15, 2006.

 Dated this 25th day of July, 2006.

/S/Marsha J. Pechman 

UNITED STATES DISTRICT JUDGE

Presented by:

s/Douglas B. Whalley 

DOUGLAS B. WHALLEY

Assistant United States Attorney

United States Attorney's Office 

601 Union Street, Suite 5100 

Seattle, WA 98101-3903

(206) 553-4882, Fax: (206) 553-4440

E-mail: douglas.whalley@usdoj.gov

Washington State Bar #4625

Case 2:06-cr-00190-MJP Document 15 Filed 07/26/06 Page 2 of 2