Information — United States v. Shibley (Dkt. 71, W.D. Wash. No. 2:20-cr-00174)

Summary

In this order dated the 11th day of February 2021 and filed as Document 71 in Case CR20-0174-JCC in the Western District of Washington, United States District Judge John C. Coughenour postponed trial in the case against Eric Shibley. After a status conference on February 10, 2021, the court found that the COVID-19 pandemic made a jury trial impossible before April 6, 2021. It also found that the voluminous discovery, including numerous loan applications and bank records, meant defense counsel needed more time to prepare, and that denying a continuance in this complex case would likely result in a miscarriage of justice. The court set a status conference for April 6, 2021 to discuss the trial date and excluded the intervening time under the Speedy Trial Act.

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ORDER 
CR20-0174-JCC 
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THE HONORABLE JOHN C. COUGHENOUR 
UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
v. 
ERIC SHIBLEY, 
 
Defendant. 
CASE NO. CR20-0174-JCC 
ORDER 
 
The Court, being fully advised, having reviewed the pleadings in this matter including the 
Defendant’s Status Memorandum filed at Docket Number 66 and the Redacted Competency 
Report filed at Docket Number 68, having heard from the parties at a status conference on 
February 10, 2021, and having considered the General Orders of the United States District Court 
for the Western District of Washington addressing measures to reduce the spread and health risks 
from COVID-19 (See W.D. Wash. General Orders 01-20, 02-20, 07-20, 08-20, 11-20, 13-20, 15-
20, 18-20), those Orders and findings incorporated herein, hereby makes the following additional 
findings: 
1. As discussed in General Order 18-20, given the current state of COVID-19 pandemic, 
the likely timeline for the distribution of the vaccine, and the resulting effect of this 
public health situation on the ability for jurors, witnesses, parties, counsel, and Court 
staff to be present in the courtroom, it is not possible to go forward with a jury trial 
between now and April 6, 2021. See 18 U.S.C. § 3161(h)(7)(B)(i). 
Case 2:20-cr-00174-JCC     Document 71     Filed 02/11/21     Page 1 of 2

 
ORDER 
CR20-0174-JCC 
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2. Further, in light of the voluminous discovery in this case, which contains numerous 
loan applications, bank records, and other financial information, as well as the 
Redacted Competency Report, counsel for the defendant has requested additional 
time to prepare for trial. The failure to grant a continuance in this matter would deny 
counsel for the defendant the reasonable time necessary for effective preparation, 
taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).  
    
3. Due to the complex nature of this case, the failure to grant a continuance of the trial 
date in this case would likely result in a miscarriage of justice. Pursuant to 18 U.S.C. 
§ 3161(h)(7)(A), the ends of justice served by continuing the trial in this case 
outweighs the best interest of the public and the defendant to a speedy trial.   
 
IT IS ORDERED that a status conference be set in this case for April 6, 2021, to discuss 
the trial date. The period of time from the date of this order up to and including the date of the 
status conference, shall be excludable time pursuant to 18 U.S.C. § 3161.   
SO ORDERED. 
DATED this 11th day of February 2021. 
A  
John C. Coughenour 
UNITED STATES DISTRICT JUDGE 
 
Case 2:20-cr-00174-JCC     Document 71     Filed 02/11/21     Page 2 of 2

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