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FEDERAL PUBLIC DEFENDER

Westlake Center Office Tower

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101

(206) 553-1100

ORDER CONTINUING TRIAL 

TO NOVEMBER 20, 2006- 1

(Bennum/Silveria, CR 06-189TSZ)

JUDGE THOMAS ZILLY

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, 

Plaintiff,

vs.

VAN X. BENNUM and 

CHERYL B. SILVERIA, 

Defendants. 

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NO. CR 06-189 TSZ

ORDER CONTINUING TRIAL TO

NOVEMBER 20, 2006 

This matter has come before the undersigned Court by stipulation and motion of

counsel, the United States through the United States Attorney for the Western District of

Washington, Jill Otake, Assistant United States Attorney, and the defendants through

counsel, Brian Tsuchida for Ms. Silveria and counsel Lennard Nahajski for

Mr. Bennum. The Court being fully advised in the matter, now finds the following: 

The trial was scheduled for September 18, 2006. The defendants Van Bennum

and Cheryl Silveria are waiving their speedy trial rights until November 27, 2006, which

is beyond the new trial date of November 20, 2006. The motion is made because

defendant Silveria made her first appearance on August 18, 2006. Her attorney was

appointed to represent her in this case on that day. If this continuance were not granted,

Case 2:06-cr-00189-TSZ Document 37 Filed 08/23/06 Page 1 of 3
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FEDERAL PUBLIC DEFENDER

Westlake Center Office Tower

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101

(206) 553-1100

ORDER CONTINUING TRIAL 

TO NOVEMBER 20, 2006- 2

(Bennum/Silveria, CR 06-189TSZ)

the parties agree that Ms. Silveria would not have sufficient time to adequately prepare a

defense of her case and would therefore be denied effective assistance of counsel and a

fair trial. 

The Court has considered the time limitations for trial and speedy trial concerns 

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

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 pursuant to 18 U.S.C. § 3161 (h)(8)(A) and

§ 3161 (h)(8)(B)(ii) and (iv), the ends of justice served by continuing the trial date from

September 18, 2006 to November 20, 2006, outweigh the best interests of the public and

defendant to a speedy trial. The Court further finds it reasonable and necessary to

continue the trial date as Ms. Silveria would be denied effective assistance of counsel

and a fair trial without additional time to prepare an adequate defense. Therefore, the

trial date is continued from September 18, 2006, to November 20, 2006. Pretrial

motions shall be filed no later than November 1, 2006.

DONE this 23rd day of August, 2006.

AThomas S. Zilly

United States District Judge

Case 2:06-cr-00189-TSZ Document 37 Filed 08/23/06 Page 2 of 3
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FEDERAL PUBLIC DEFENDER

Westlake Center Office Tower

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101

(206) 553-1100

ORDER CONTINUING TRIAL 

TO NOVEMBER 20, 2006- 3

(Bennum/Silveria, CR 06-189TSZ)

Presented by:

s/ Brian Tsuchida

WSBA # 14886

Attorney for Ms. Silveria

Federal Public Defender’s Office

1601 Fifth Avenue, Suite 700

Seattle WA 98101

206/553-1100 voice

206/553-0120 facsimile

brian_tsuchida@fd.org

s/ Lennard Nahajski

WSBA No. 22138

Attorney for Van X. Bennum

318 1st Ave., #315

Seattle, WA 98104

206/621-0500 voice

206/621-1365 facsimile

len@nahajski.com

s/Jill Otake

Assistant United States Attorney

700 Stewart Street, Suite 5220

Seattle, WA 98101-1271

Case 2:06-cr-00189-TSZ Document 37 Filed 08/23/06 Page 3 of 3