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CR05-391RSM - 1

(.RJF/rjf) U.S. COURTHOUSE

7TH & STEWART

SEATTLE, WASHINGTON 98102

JUDGE MARTINEZ

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) NO. CR05-391RSM

)

v. ) STIPULATED

) ORDER CONTINUING TRIAL

)

IAN ELTON FUHR, )

JASON JOHN FUHR, )

ELIJAH VICTOR FUHR, )

VICTOR EUGENE FUHR, )

VALENTINO GUY, )

CARLOS EDWARD FORD, )

HENRY ORLANDO CASTRO, )

COREY ALLEN BROWN, )

ROY COLUMBUS GOLD III, )

QUINTRAKEOUS CHERRY, )

ERIC O’NEAL SOLIER, )

MICHAEL DEVON RAY STEWART, )

DEONDRA MCDUFFIE, )

CARLOS MIGUEL WATSON, )

DAVID WATKINS, )

JASON LEE WARD, )

JONAH TOPPS, )

JOHN PELLUM, )

PIILUA ETI, )

MICHAEL R. COX, )

RAEBURN GENE GAMBLE, )

JOHNNIE BROWN, )

LINDA M. RYE, )

COLLEEN FLOCK, )

SCOTT BRICKNER, and )

ANTHONY STEVEN RODGERS, )

)

Defendants. )

_______________________________________)

Case 2:05-cr-00391-RSM Document 474 Filed 04/19/06 Page 1 of 2
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CR05-391RSM - 2

(.RJF/rjf) U.S. COURTHOUSE

7TH & STEWART

SEATTLE, WASHINGTON 98102

ORDER 

In consideration of the Government’s motion for continuance, filed with the

concurrence of all of the parties in this matter, and there being no opposition thereto, the

Court finds and rules as follows: This Court finds as facts those facts set forth in the

Government’s First and Second Motions for Continuance filed on behalf of all parties. 

Further, the Court finds that given the nature and seriousness of the charges in this case, and

the desire by defense counsel and the defendants to have adequate time to review and

consider the voluminous evidence in this case, to conduct adequate investigation, to consider

defenses, to file any appropriate pre-trial motions, and to prepare for trial, this Court finds

that the failure to grant the requested continuance would unreasonably deny the defendants

effective assistance of counsel and, despite due diligence by all parties, result in a

miscarriage of justice. Further, the Court further finds that given the volume and complexity

of the evidence, the duration and extent of the alleged conspiracy, it is unreasonable to

expect either the Government or defense counsel to be prepared to go to trial within the time

allotted, and a further continuance of trial is warranted. 

The Court further finds, for the reasons set forth above, that the ends of justice served

by granting the requested continuance outweigh the best interest of the public and the

defendants in a speedy trial. For the foregoing reasons, the parties’ motion for a continuance

of trial is GRANTED. Trial is reset for September 11, 2006. The new motion cut-off date is

August 1, 2006. The time from the filing of this motion for continuance, through the new

trial date, is excluded under the Speedy Trial Act, Title 18, United States Code, Sections

3161(h)(8)(A) and (B)(i)(ii) and (iv) as to each defendant. 

DATED this 19 day of April, 2006. A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Case 2:05-cr-00391-RSM Document 474 Filed 04/19/06 Page 2 of 2