Information — United States v. Shibley (Dkt. 167, W.D. Wash. No. 2:20-cr-00174)

Record facts

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 167 · 2022-05-11 · Docket on CourtListener

Full text

November 25, 2020
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
_____________________________________________________________
UNITED STATES OF AMERICA, 
Plaintiff,
v.
ERIC SHIBLEY, 
Defendant.
 
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CASE NO. CR20-0174-JCC
Seattle, Washington
November 25, 2020 
9:07 a.m. 
PRETRIAL HEARING
______________________________________________________________
    VERBATIM REPORT OF PROCEEDINGS
BEFORE THE HONORABLE MICHELLE L. PETERSON 
UNITED STATES MAGISTRATE JUDGE
______________________________________________________________
APPEARANCES: 
For the Plaintiff:
LAURA CONNELLY 
United States Department of Justice 
Criminal Division
1400 New York Avenue NW, Room 10100
Washington, DC 20530 
BRIAN WERNER 
United States Attorney's Office 
700 Stewart Street, Suite 5220
Seattle, WA 98101 
For the Defendant: 
MICHAEL NANCE 
Law Offices of Michael Nance 
PO Box 11276 
Bainbridge Island, WA 98110 
 
Reported by:
NANCY L. BAUER, CCR, RPR
Federal Court Reporter 
700 Stewart Street, Suite 17205 
Seattle, WA 98101
nancy_bauer@wawd.uscourts.gov 
             
Case 2:20-cr-00174-JCC     Document 167     Filed 05/11/22     Page 1 of 5

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November 25, 2020
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PROCEEDINGS
_____________________________________________________________
THE CLERK:  Your Honor, it is now seven past 9:00, and 
the FDC hasn't called in.  Would you like me to call them?  
THE COURT:  Yes. 
THE CLERK:  So we have Mr. Warner and Laura Connelly.  
Do we have Crystal Bush?  
MR. WERNER:  Ms. Bush won't be joining us this 
morning. 
This is CR20-174-JCC, United States of America versus Eric 
Shibley.  
Counsel, please make your appearances for the record. 
MS. CONNELLY:  This is Laura Connelly for the United 
States. 
MR. WERNER:  And this is Brian Werner for the United 
States.  Good morning, Your Honor. 
MR. NANCE:  Good morning, Your Honor.  Michael Nance 
for Eric Shibley. 
THE COURT:  I don't see Mr. Shibley on the screen, 
counsel. 
THE CLERK:  Your Honor, he is appearing telephonically 
only. 
THE COURT:  All right.  Mr. Nance, does he consent to 
a remote hearing on this matter?  
MR. NANCE:  Yes. 
Case 2:20-cr-00174-JCC     Document 167     Filed 05/11/22     Page 2 of 5

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November 25, 2020
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THE COURT:  Okay.  Let me cut through all this.  
First of all, I think I'm inclined, particularly because 
the government hasn't resisted it, I'm inclined to order a 
mental health evaluation, but I'm not inclined to do it other 
than having it done at SeaTac.  
And I'm also inclined to order that detention be continued 
pending the outcome of that, and I would suggest that we defer 
setting the trial date until the outcome of that mental health 
evaluation. 
Having said those things, Mr. Nance, do you want to be 
heard further?  
MR. NANCE:  Well, we largely agree that a competency 
evaluation is appropriate.  I think we've expressed Dr. Shibley 
has conveyed her own reservations about the staff at FDC, but if 
the court is ruling as it is, we have to accept that. 
I take it that the detention issue would be deferred until 
that has occurred.  Is that the court's -- 
THE COURT:  Yes, that's what I would suggest. 
MR. NANCE:  I largely agree with the outline of that; 
that the competency be determined and that we reconvene for a 
detention hearing and the concern over the trial setting. 
THE COURT:  All right.  Ms. Connelly, can you find out 
for us when SeaTac can do the evaluation, and ask them, if you 
will, to expedite it as much as they can, and then let us know 
when that evaluation can be completed so we can reschedule the 
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November 25, 2020
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hearing as early as possible?  
MS. CONNELLY:  Yes, Your Honor, I will.  I note they 
have 30 days under the statute, so I think it's within 30 days, 
but I will get a firmer... 
THE COURT:  Okay.  Anything else, counsel?  
MS. CONNELLY:  Your Honor, the government would just 
ask that the court enter a speedy trial finding until the 
competency evaluation is conducted. 
THE COURT:  Why don't you prepare a speedy trial order 
for us?  
MS. CONNELLY:  We have, and we will send it to 
chambers in the Word version. 
THE COURT:  All right.  Anything else, counsel?  
All right.  We'll be in recess.  
(Proceedings concluded at 9:11 a.m.)
Case 2:20-cr-00174-JCC     Document 167     Filed 05/11/22     Page 4 of 5

November 25, 2020
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C E R T I F I C A T E 
 
 
           I, Nancy L. Bauer, CCR, RPR, Court Reporter for 
the United States District Court in the Western District of 
Washington at Seattle, do hereby certify that I was present in 
court during the foregoing matter and reported said proceedings 
stenographically. 
           I further certify that thereafter, I have caused 
said stenographic notes to be transcribed under my direction and 
that the foregoing pages are a true and accurate transcription 
to the best of my ability. 
 
 
           Dated this 6th day of May 2022.  
 
/S/  Nancy L. Bauer 
Nancy L. Bauer, CCR, RPR
Official Court Reporter 
 
Case 2:20-cr-00174-JCC     Document 167     Filed 05/11/22     Page 5 of 5

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