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CHARLES A. JOHNSTON

ATTORNEY AT LAW

202 E. 34TH ST.

TACOMA, WA 98404

(253) 473-3090

STIPULATED MOTION AND ORDER - 1

 THE HONORABLE FRANKLIN D. BURGESS

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

JIMMIE STRONG II and 

SHANNON COLE,

Defendants,

NO. CR 06 5308FDB

STIPULATED MOTION AND

ORDER FOR CONTINUANCE OF

TRIAL DATE

The Defendants herein, Jimmie Strong II and Shannon Cole, by and through their

attorneys, Charles A. Johnston and John Crowley, hereby moves that the pre-trial conference

presently scheduled for August 25, 2006, and the trial presently scheduled for August 28, 2006,

be vacated, and that the pre-trial and trial be rescheduled for a date sometime in November

2006. 

The above request for continuance is being made as the Government’s

 investigation in this matter is ongoing. A new suspect is being investigated and the 

Government may be close to indicting this individual. The ongoing investigation is creating new

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CHARLES A. JOHNSTON

ATTORNEY AT LAW

202 E. 34TH ST.

TACOMA, WA 98404

(253) 473-3090

STIPULATED MOTION AND ORDER - 2

discovery. That more time is necessary for a full and complete investigation into this matter and

for the defense to have time to review and analyze the developing discovery. The Defendants

ask for a new pre-trial and trial date in mid November. The Defendants have waived their right

to a speedy trial.

The Defendants believe that the ends of justice would be served by a continuance of the

trial in this matter.

DATED this ___________ day of August, 2006.

By: __________________________________

CHARLES A. JOHNSTON

Attorney for Defendant Cole

WSBA No. 9058

Telephonically Approved:

August 17, 2006

By: __________________________________

JOHN CROWLEY

Attorney for Defendant Strong

WSBA No. 19868

 

Telephonically Approved:

August 17, 2006

By: __________________________________

DOUGLAS J. HILL

Special Assistant United States Attorney

ORDER

Before this Court is a stipulated motion for continuance of the pre-trial conference

presently scheduled for August 25, 2006, and trial date presently scheduled for August 28,

2006. After a consideration of all relevant information and the circumstances of this case, the

Court makes the following findings of fact and conclusions of law:

1. The ends of justice served by granting this continuance outweigh the best interests

of the public and the Defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). 

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CHARLES A. JOHNSTON

ATTORNEY AT LAW

202 E. 34TH ST.

TACOMA, WA 98404

(253) 473-3090

STIPULATED MOTION AND ORDER - 3

2. Proceeding to trial absent adequate time for the defense to prepare would result in

a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(B)(I).

3. The defense needs additional time to explore issues of some complexity, including

all relevant issues and defenses applicable to the case, which would make it unreasonable to

expect adequate preparation for pre-trial proceedings or for trial itself within the time limits

established by the Speedy Trial Act and currently set for this case. 18 U.S.C. §

3161(h)(8)(B)(ii).

4. Taking into account the exercise of due diligence, a continuance is necessary to allow

the Defendants the reasonable time for effective preparation of their defense. 

18 U.S.C. § 3161(h)(8)(B)(iv).

NOW THEREFORE, 

IT IS HEREBY ORDERED that the trial date is continued from August 28, 2006, to

November 6, 2006. The resulting period of delay from August 28, 2006, up to and including

the new trial date of November 6, 2006, is hereby excluded for speedy trial purposes under 18

U.S.C. § 3161(h)(8)(A) and (B).

Pre-trial conference shall be on October 27, 2006. 

IT IS SO ORDERED this 24th day of August, 2006. 

AFRANKLIN D. BURGESS

UNITED STATES DISTRICT JUDGE

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CHARLES A. JOHNSTON

ATTORNEY AT LAW

202 E. 34TH ST.

TACOMA, WA 98404

(253) 473-3090

STIPULATED MOTION AND ORDER - 4

Presented By:

__________________________________

CHARLES A. JOHNSTON

Attorney for Defendant Cole

WSBA No. 9058

Telephonically Approved:

August 17, 2006

__________________________________

JOHN CROWLEY 

Attorney for Defendant Strong

WSBA No. 19868

Telephonically Approved:

August 17, 2006

__________________________________

DOUGLAS J. HILL

Special Assistant United States Attorney

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