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AGREED ORDER CONTINUING TRIAL DATE/WHITE and WAGNER–1 UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970)

THE HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR06-186JCC 

Plaintiff, )

)

v. ) AGREED ORDER CONTINUING

) TRIAL DATE AND DEADLINE FOR 

LAKSMI McKENNA WHITE, and ) FILING PRE-TRIAL MOTIONS 

TERRY WAGNER, )

)

Defendants. ) 

_________________________________)

THIS MATTER having come before the Court on the Agreed Motion To Continue Trial

Date and Deadline for Filing Pre-Trial Motions, and the Court having considered the motion and the

entirety of the records and files herein, the Court finds and rules as follows: 

1. The parties have been diligently preparing for trial. The parties commenced a

discovery conference under Local Rule 16 on Thursday, June 8, 2006, after the arraignment in this

case, and have been in contact on a regular basis concerning plea negotiations, property seizures,

discovery, and related matters. In particular, on June 12, 2006, the parties met to discuss plea

negotiations and various search and seizure matters at issue in this case.

2. This case involves two defendants that have been charged by Indictment with a

conspiracy to distribute marijuana and possession of marijuana with intent to distribute. The

government alleges that the charged conspiracy began at a time unknown, but within the last five

years, and continued until on or about March 30, 2006. The Indictment also seeks the criminal

forfeiture of assets that were used in or obtained as a result of the charged conspiracy. 

Case 2:06-cr-00186-JCC Document 21 Filed 06/28/06 Page 1 of 3
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AGREED ORDER CONTINUING TRIAL DATE/WHITE and WAGNER–2 UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970)

3. This case involves some relatively complex search and seizure issues involving a

lengthy investigation, a March 30, 2006, stop and search of a vehicle driven by Laksmi McKenna

White, and the later search of two houses that the government alleges were rented and/or controlled

by Laksmi McKenna White and Terry Wagner. The defendants need additional time to investigate

the search and seizure issues in this case, and any other defenses available in light of the facts

presented in this case.

4. The defendants are facing substantial penalties if convicted given the amount of

marijuana involved in the conspiracy and, in the case of Laksmi McKenna White, given her two

prior drug convictions. 

5. The undersigned government counsel will be out of the office on leave from 

June 15, 2006, through July 14, 2006. This leave was planned several months ago and involved

making significant travel arrangements for the undersigned counsel and her family.

THEREFORE, THE COURT FINDS:

1. That the period of time between July 17, 2006, and October 2, 2006, shall be

excluded from computation under 18 U.S.C. §§ 3161(h)(8)(A), and 3161(h)(8)(B)(i) and (iv),

because although the case is not so unusual or complex as to fall within 18 U.S.C. §

3161(h)(8)(B)(ii), it is unreasonable to expect effective preparation for pretrial proceedings or for

the trial itself within the time limits established by the Speedy Trial Act, taking into account the

exercise of due diligence, and because the failure to grant the continuance set forth in this Order

would be likely to make a continuation of this proceeding impossible, or result in a miscarriage of

justice. 

2. That the ends of justice served by this continuance outweigh the best interest of the

public and the defendants in a speedy trial.

THEREFORE, THE COURT ORDERS THAT:

1. The trial date shall be continued from July 17, 2006, to October 2, 2006. 

2. The pre-trial motions deadline shall be continued from June 29, 2006, to 

July 13, 2006. 

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AGREED ORDER CONTINUING TRIAL DATE/WHITE and WAGNER–3 UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970)

3. The defendants shall file with the Court no later than July 5, 2006, waivers of their

rights under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., for the period from July

17, 2006 through October 2, 2006. 

IT IS SO ORDERED:

The clerk of the Court is instructed to send uncertified copies of this Order to all counsel of

record.

DATED this 28th day of June, 2006.

AJohn C. Coughenour

United States District Judge

Presented by: 

 s/ Annette L. Hayes 

ANNETTE L. HAYES

Assistant United States Attorney

 s/ Robert M. Leen 

ROBERT M. LEEN

Counsel for Laksmi McKenna White

 s/ Stephan R. Illa 

STEPHAN R. ILLA

Counsel for Terry Wagner

Case 2:06-cr-00186-JCC Document 21 Filed 06/28/06 Page 3 of 3