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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 1

United States v. Colosio-Dussan, et al., CR06-206RSM

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

JUDGE MARTINEZ

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE 

UNITED STATES OF AMERICA, )

) NO. CR06-206RSM

Plaintiff, )

)

v. )

) ORDER CONTINUING

EDGARDO COLOSIO-DUSSAN, et. al., ) PRETRIAL MOTIONS

) DEADLINE AND

Defendants. ) TRIAL DATE

_______________________________________)

Defendant Edgardo Colosio-Dussan filed a Motion for Extension of Time to File

Pretrial Motions and Continue Trial (Dkt. 132), requesting that the pretrial motions deadline

and trial be continued for approximately three months. Four other defendants have joined in

that motion, as follows: Steven Bruce McKay (Dkt. 135), Salomon Torres-Alvarado (Dkt.

136), Diogenes Austudillo-Zinser (Dkt. 137), and Freddy Mascarenas-Rodriguez (Dkt. 138). 

The United States filed a Response and does not oppose the motion.

This Court’s decision is based on and specifically incorporates the facts stated in the

Motion, Notices of Joinder, and the Government’s Response, and the facts apparent from the

record, including the following specific findings:

1. This case is complex. It stems from a long-term investigation involving

multiple agencies, and included the simultaneous execution of over thirty search warrants in

two states on the date of arrest. The charges carry the potential for mandatory 10-year, 20-

year, or even mandatory life sentences for some defendants, depending on criminal history. 

Case 2:06-cr-00206-RSM Document 141 Filed 09/12/06 Page 1 of 3
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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 2

United States v. Colosio-Dussan, et al., CR06-206RSM

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

Trial presently is set for November 13, 2006, and pretrial motions were due on September 7,

2006. Eight defendants remain pending trial.

2. This case involves a large volume of discovery. Among this discovery is several

thousand conversations intercepted over three Court-authorized Title III wire intercepts

(wiretaps). Many of these calls are not in English, and must be translated into English for

counsel and the Court. The translation effort has been complicated by the fact that some

calls are in an indigenous language of Southern Mexico, Mixteco Bajo, for which Englishspeaking translators are very difficult to find. The discovery includes fifteen CDs containing

over 3500 pages of documents and thousands of audio files, and summaries of calls, as well

as 100 CDs containing audio and video recordings.

3. Several defendants in this case have only recently substituted new counsel. 

Edgardo Colosio-Dussan filed a motion to substitute counsel on September 1, 2006. 

(Dkt. 131.) New counsel for Freddy Mascarenas-Rodriguez appeared on August 14, 2006,

(Dkt. 125), and new counsel for Osvoldo Soriano-Silva appeared on August 2, 2006

(Dkt. 120). New counsel require additional time to obtain and review the discovery and

conduct any necessary investigation.

4. Five defendants have requested this continuance, and are expected to issue a

written knowing, voluntary, and intelligent waivers of the right to a speedy trial. The

Government does not oppose their request, provided they submit valid speedy trial waivers. 

The remaining defendants are joined with the others for trial, and no severance has been

granted.

5. In light of the interest of the public in ensuring the accused adequate, effective,

and continued representation by counsel presently assigned, this Court finds that the ends of

justice served by granting the requested continuance outweigh the best interest of the public

and defendants in a speedy trial. This Court further concludes that the above findings and

bases for continuing the trial comport with 18 U.S.C. § 3161(h) and the United States

Supreme Court's recent decision in Zedner v. United States, 126 S. Ct. 1976 (2006).

Case 2:06-cr-00206-RSM Document 141 Filed 09/12/06 Page 2 of 3
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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 3

United States v. Colosio-Dussan, et al., CR06-206RSM

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

Accordingly, for the reasons listed above and those apparent from the record, the

Motion for Continuance is HEREBY GRANTED. 

Trial is reset for January 22, 2007, at 9:00 a.m.

Pretrial Motions are due on November 24, 2006.

The Court further finds that time from the filing of the motion through the new trial

date shall be excluded from computation under 18 U.S.C. §§ 3161(h)(8)(A),

3161(h)(8)(B)(i), and 3161(h)(8)(B)(ii) for all defendants because the failure to grant the

requested continuance would be likely to result in a miscarriage of justice, and because the

case is so complex due to the number of defendants, the nature of the prosecution, and the

existence of novel questions of fact or law, that it is unreasonable to expect adequate

preparation for pretrial proceedings or for the trial itself within the time limits established by

the Speedy Trial Act, and under 18 U.S.C. § 3161(h)(7), because the defendants are all

joined for trial and no motion for severance has been granted.

Dated this __12___ day of September 2006.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Presented by:

s/ Sarah Y. Vogel 

SARAH Y. VOGEL

Assistant United States Attorney

United States Attorney's Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

Telephone: (206) 553-7970

Facsimile: (206) 553-4440

E-mail: Sarah.Vogel@usdoj.gov

Case 2:06-cr-00206-RSM Document 141 Filed 09/12/06 Page 3 of 3