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Order Continuing Trial and Motions Deadline

LUCIANO, et al./CR06-197L –1

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

Judge Robert S. Lasnik

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE 

UNITED STATES OF AMERICA, )

) NO. CR06-197RSL

Plaintiff, )

)

v. )

)

RAUL MALDONADO LUCIANO ) ORDER CONTINUING

 a/k/a Evaristo, Americano, Marigo, ) TRIAL DATE AND PRETRIAL 

JOACHIN LUA LUCIO ) MOTIONS DEADLINE

 a/k/a Grenas, )

MANUEL MARQUEZ GOMEZ )

 a/k/a Carlos, )

ROBERTO MARQUEZ GOMEZ )

 a/k/a Bobby, )

JOSE MONTALVO-JUACHIN )

 a/k/a Jorge, )

PEDRO GOMEZ VASQUEZ )

 a/k/a Hector, )

BERNARDO GOMEZ CASARIN )

 a/k/a Richard, Nayo, ) 

ARVIN MELENDEZ DIAZ )

 a/k/a Jorge, George, )

BERNARDO GOMEZ HERRERA, )

ANICETO SILVA CHAVEZ, )

CHADWICK QUENTON SMITH, )

)

Defendants. ) 

_________________________________)

THIS MATTER comes before the Court pursuant to the stipulation of the parties

to continue the current trial date of August 14, 2006, and extend the pretrial motions

deadline. 

Case 2:06-cr-00197-RSL Document 125 Filed 08/02/06 Page 1 of 3
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Order Continuing Trial and Motions Deadline

LUCIANO, et al./CR06-197L –2

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

The government and all defendants with defense counsel appeared before this

Court on July 26, 2006 for a status conference. At this time, the government and all

defendants stipulated to a continuance of the current trial date to November 6, 2006 and

all defendants agreed to file waivers of speedy through November 30, 2006 to

accommodate this request. 

The case is complex charging 11 defendants with Conspiracy to Distribute Heroin

stemming from a wire investigation where thousands of calls were intercepted on four

telephones. To date, the government has provided defendants with the recordings of

these telephone calls and over 1400 pages of discovery. Given this large volume of

material, it is unreasonable to expect adequate preparation for trial before the current trial

date of August 14, 2006. 

Having considered the entirety of the record, the files herein, and the

representations of the parties in open court, this Court finds that a failure to grant a

continuance would likely result in a miscarriage of justice. As such, this Court further

finds that the ends of justice are served by the parties being adequately prepared for trial,

and outweigh the interests of the public and the defendants in a speedy trial.

IT IS NOW, THEREFORE, ORDERED that trial date be continued from August

14, 2006 to November 6, 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 the defendants shall file waivers of speedy trial

no later than August 4, 2006 to accommodate the requested continuance.

//

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//

//

//

//

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Order Continuing Trial and Motions Deadline

LUCIANO, et al./CR06-197L –3

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

IT IS FURTHER ORDERED that pretrial motions shall be filed on or before

October 5, 2006.

 Dated this 2nd day of August, 2006

A

Robert S. Lasnik

United States District Judge

Presented by:

s/ Lisca Borichewski 

LISCA BORICHEWSKI

Assistant United States Attorney

700 Stewart Street, Suite 5220

Seattle WA 98101-1271

(206) 553-2266, Fax: (206) 553-4440

E-mail: lisca.borichewski@usdoj.gov

Washington State Bar #24300

Case 2:06-cr-00197-RSL Document 125 Filed 08/02/06 Page 3 of 3