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ORDER CONTINUING TRIAL DATE - 1

CR05-451/GREER ET AL

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

Judge Robart

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) NO. CR05-451 

)

v. ) ORDER CONTINUING 

) TRIAL DATE 

ROBERT GREER, ) 

CRAIG DEAN JOHNSON, )

TERRY EDWARD JOHNSON, and )

RONALD WESLEY STEWART, )

)

Defendants. )

 ______________________________ )

This matter having come before the undersigned Court on unopposed motion of 

the government, and the Court being fully advised in the matter, now finds that the 

trial was scheduled for February 28, 2006. The defendants are waiving their speedy

trial rights until April 10, 2006, which is beyond the new trial date of April 4, 2006. The

motion is made because there is a strong possibility that the matter will resolve short of

trial, however, the schedules of counsel and unavailability of counsel this week has

delayed the resolution. Although counsel have been diligent in addressing this matter, the

recent arrest of a related defendant coupled with the trial schedules and jury duty

schedule of counsel have interfered with a speedy resolution. All parties believe that this

matter will be handled other than with a trial if this continuance is granted. 

The Court is aware that time limitations for trial and speedy trial concerns are set

forth in Title 18, United States Code, Section 3161. 

Case 2:05-cr-00451-JLR Document 55 Filed 02/14/06 Page 1 of 2
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ORDER CONTINUING TRIAL DATE - 2

CR05-451/GREER ET AL

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

Section 3161(h) outlines the periods of excludable time, including:

(8)(A) Any period of delay resulting from a continuance

granted by any judge on his own motion or at the request of

the defendant or his counsel or at the request of the attorney

for the Government, if the judge granted such continuance on

the basis of his findings that the ends of justice served by

taking such action outweigh the best interest of the public and

the defendant in a speedy trial. No such period of delay

resulting from a continuance granted by the court in

accordance with this paragraph shall be excludable under this

subsection unless the court sets forth, in the record of the

case, either orally or in writing, its reasons for finding that the

ends of justice served by the granting of such continuance

outweigh the best interests of the public and the defendant in

a speedy trial.

In this matter, the Court finds that further time is reasonable and necessary as the

requested time is within the speedy trial time period. Further, that the ends of justice,

especially those which deal with consideration of victims and witnesses, are served by the

requested continuance as this Title 21 trial has few civilians witnesses and no known

victims. Therefore, the trial date is continued from February 28, 2006 until April 4, 2006.

Dated this 14th day of February, 2006. 

s/James L. Robart

 

JAMES L. ROBART 

United States District Court

Presented by:

s/Susan M. Roe 

SUSAN M. ROE

Assistant United States Attorney

WSBA 13000

United States Attorney's Office

700 Stewart Street, Suite 5220

Seattle, WA 98101

Telephone: 206/553-1077

Fax: 206/553-4440

E-mail: susan.roe@usdoj.gov

Case 2:05-cr-00451-JLR Document 55 Filed 02/14/06 Page 2 of 2