United States v. McCool

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MARC MCCOOL, Defendant.

Court: United States District Court, Western District of Washington

Date published: Jul 17, 2024

No. CR24-102-JCC (W.D. Wash. Jul. 17, 2024)

Opinion

CR24-102-JCC

07-17-2024

UNITED STATES OF AMERICA, Plaintiff, v. MARC MCCOOL, Defendant.

Assistant Federal Public Defender Attorney for Marc McCool

THE HONORABLE JOHN C. COUGHENOUR, JUDGE

Assistant Federal Public Defender Attorney for Marc McCool

(PROPOSED) ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL AND EXTEND PRETRIAL MOTIONS DEADLINE

THE HONORABLE JOHN C. COUGHENOUR, JUDGE

THE COURT has considered the unopposed motion of the parties to continue the trial date and extend the pretrial motions deadline and finds that:

(a) taking into account the exercise of due diligence, a failure to grant a continuance in this case would deny counsel for the defendant the reasonable time necessary for effective preparation due to counsel's need for more time to review the evidence, consider possible defenses, and gather evidence material to the defense, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv); and

(b) a failure to grant such a continuance in this proceeding would likely result in a miscarriage of justice, as set forth in 18 U.S.C. § 3161(h)(7)(B)(i); and

(c) the additional time requested is a reasonable period of delay, as the defendant has requested more time to prepare for trial, to investigate the matter, to gather evidence material to the defense, and to consider possible defenses; and

(d) the ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and the defendant in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and

(e) the additional time requested between the current trial date of August 19, 2024, and the new trial date is necessary to provide counsel for the defendant the reasonable time necessary to prepare for trial, considering counsel's schedule and all the facts set forth above; and

(f) the period of delay from the date of this order to the new trial date is excludable time pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).

IT IS ORDERED that the trial date in this matter shall be continued to May 5, 2025, and that pretrial motions shall be filed no later than March 10, 2025.