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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 1

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

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, )

) NO. CR06-206RSM

Plaintiff, )

)

v. )

) ORDER CONTINUING

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

) DEADLINE AND

Defendants. ) TRIAL DATE

_______________________________________)

The United States, joined by six of the nine defendants currently pending trial in this

case, filed a Motion for Order continuing for approximately three months the pretrial motions

due date and the trial date, currently set for July 13 and August 28, 2006, respectively.

This Court’s decision is based on the facts stated in the Motion and apparent from the

record, including the following specific findings:

1. This case is complex and involves two related indictments and nineteen

charged conspirators. 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.

2. This case involves a large volume of discovery that counsel must review prior to

trial. Among this discovery is several thousand conversations intercepted over three Courtauthorized 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

Case 2:06-cr-00206-RSM Document 118 Filed 08/01/06 Page 1 of 3
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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 2

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

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

complicated by the fact that some calls are in an indigenous language of Southern Mexico,

Mixteco Bajo, for which English-speaking translators are very difficult to find. The

transcription/translation process in this case is expected to take several months. A

continuance of the motions and trial dates will ensure that counsel has sufficient time to

review these telephone calls prior to trial. 

3. Six of the defendants (those listed as approving this Order, below) state that

they need additional time to prepare for motions, plea negotiations, and trial, in order to

provide defendants with adequate, effective, and continued representation. They assert that

proceeding with the current motions and trial dates would result in a miscarriage of justice. 

These six defendants join in the Motion and agree that a continuance to November, 2006, is

appropriate and necessary in light of the factors listed above.

4. Counsel for the six joining defendants anticipate that each of their clients will

issue a written knowing, voluntary, and intelligent waiver of his/her right to a speedy trial

through November, 2006. Counsel for two additional defendants do not oppose the motion.

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 a 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).

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

Motion for Continuance is HEREBY GRANTED. 

Trial is reset for November 13, 2006, at 9:00 a.m.

Pretrial Motions are due on September 7, 2006.

The Court further finds that time from the filing of the stipulated 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 2:06-cr-00206-RSM Document 118 Filed 08/01/06 Page 2 of 3
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ORDER CONTINUING PRETRIAL MOTIONS DEADLINE

AND TRIAL DATE — 3

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

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

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 __1__ day of August 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

Approved on July 10-11, 2006 by:

s/ 

CAROL KOLLER

JAY STANSELL

for Edgardo Colosio-Dussan

/ 

KENNETH KANEV

for Jaciel Oranga-Zuniga

s/ 

MICHELE SHAW

for Oscar Vasquez-Cruz

s/ 

ROBERT LEEN

for Freddy Mascarenas-Rodriguez

s/ 

STEPHAN ILLA

for Ramiro Florentino Martinez

s/ 

JEFFREY B. COOPERSMITH

for Spencer Wydell Woods

Case 2:06-cr-00206-RSM Document 118 Filed 08/01/06 Page 3 of 3