Information — United States v. Shibley (Dkt. 168, 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. 168 · 2022-05-11 · Docket on CourtListener

Full text

April 7, 2021
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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
April 7, 2021 
9:25 a.m. 
STATUS HEARING
______________________________________________________________
    VERBATIM REPORT OF PROCEEDINGS
BEFORE THE HONORABLE JOHN C. COUGHENOUR 
UNITED STATES DISTRICT 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 168     Filed 05/11/22     Page 1 of 5

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April 7, 2021
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PROCEEDINGS
_____________________________________________________________ 
THE CLERK:  First on the calendar is CR20-174-JCC, 
United States of America versus Eric Shibley.  
Counsel, please make your appearances for the record. 
MR. WERNER:  Good morning, Your Honor.  Brian Werner 
on behalf of the United States. 
MS. CONNELLY:  And Laura Connelly on behalf of the 
United States.  Good morning. 
MR. NANCE:  Good morning, Your Honor.  Michael Nance 
for Eric Shibley. 
THE COURT:  All right.  Counsel, have you conferred 
with one another about a potential trial date?  
MR. WERNER:  We have, Your Honor. 
THE COURT:  What do you want?  
MR. WERNER:  I'll let Mr. Nance speak. 
THE COURT:  Okay.  Mr. Nance?  
MR. NANCE:  Thank you, Your Honor.  
We're asking for a trial date in mid November or later.  I 
can give you a lot of reasons why we need at least that much 
time.  It's a complex case; very document intensive.  It's been 
investigated by multiple federal agencies.  
Everybody knows about the constraints of the pandemic.  
It's especially a problem in this case.  
Many of the perspective defense witnesses are, oh, I would 
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April 7, 2021
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say, marginal people without stable addresses or working phones.  
It simply hasn't been practical to send an investigator out to 
find them.  
Even meeting with Mr. Shibley has been problematic, 
sometimes impossible.  He's been in and out of quarantine and in 
protective custody at the FDC.  He's usually unable to call me, 
even.  
There's a protective order in place that prevents the 
sharing of documents, even though this case is all about 
documents, and it's just much more difficult.  You can't do a 
lot of this stuff by video. 
THE COURT:  Has he been vaccinated yet?  
MR. NANCE:  Sorry, Your Honor?  
THE COURT:  Has he been vaccinated yet?  
MR. NANCE:  I don't know that he has.  He's, actually, 
had COVID-19, so he has some natural immunities. 
THE COURT:  Okay.  Go ahead. 
MR. NANCE:  Yeah.  
The only other thing I would say is, even CourtLink 
communication is not -- it's far from ideal, as we've learned.  
It's not confidential.  So even in normal times, this would be 
an appropriate length of time to put over a case, so...  
THE COURT:  Let me hear from the government. 
MR. WERNER:  Your Honor, we have spoken with 
Mr. Nance, and we do -- based on Mr. Nance's representations to 
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us and to the court today, we believe there is good cause to set 
the trial over to November. 
THE COURT:  Okay.  Gabe?  
THE CLERK:  November 15th. 
THE COURT:  Speak up, Gabe.  I can't hear you. 
THE CLERK:  Your Honor, November the 15th. 
THE COURT:  November 15?  Does that work for you, 
counsel?  
MR. NANCE:  That works for us. 
THE COURT:  All right.  If can't agree upon other 
deadlines and motions and the like, if you will, we'll set the 
case over to November 15th, and I'll make speedy trial findings 
and issue an order.  
Thank you, counsel. 
MR. NANCE:  Thank you, Your Honor.  
(Matter concluded at 9:29 a.m.)
Case 2:20-cr-00174-JCC     Document 168     Filed 05/11/22     Page 4 of 5

April 7, 2021
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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 168     Filed 05/11/22     Page 5 of 5

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