Order Continuing Trial — United States v. Walker (W.D. Wash., Document 14)

Summary

Order Continuing Trial, filed August 24, 2022 as Document 14 in United States v. Danni Walker, Case No. 22-CR-00105-LK, in the U.S. District Court for the Western District of Washington at Seattle. The Court recites that on July 27, 2022 a federal grand jury indicted Defendant on six counts of wire fraud related to allegedly false and misleading Paycheck Protection Program loan applications, and that Defendant pleaded not guilty. The Court finds that the ends of justice served by a continuance outweigh the interest of the public and Defendant in a speedier trial. It orders that trial is continued from September 26, 2022 to April 10, 2023, excludes that period under the Speedy Trial Act, and sets pretrial motions due no later than February 27, 2023.

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               Case 2:22-cr-00105-LK Document 14 Filed 08/24/22 Page 1 of 3




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                                UNITED STATES DISTRICT COURT
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                               WESTERN DISTRICT OF WASHINGTON
                                         AT SEATTLE
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          UNITED STATES OF AMERICA,                         CASE NO. 22-CR-00105-LK
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                               Plaintiff,                   ORDER CONTINUING TRIAL
12              v.
13        DANNI WALKER,
14                             Defendant.

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16          This matter comes before the Court on Defendant Danni Walker’s Unopposed Motion to

17   Continue Trail and Pretrial Motion Dates, Dkt. No. 12, as well as her Speedy Trial Waiver, Dkt.

18   No. 13. On July 27, 2022, a federal grand jury indicted Defendant on six counts of wire fraud

19   related to her submission of allegedly false and misleading Paycheck Protection Program loan

20   applications, a source of financial assistance provided by the Government through the Coronavirus

21   Aid, Relief, and Economic Security (“CARES”) Act. See Dkt. No. 1. Defendant pleaded not guilty

22   to all counts and is currently scheduled to be tried before a jury on September 26, 2022. Dkt. No.

23   7.

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     ORDER CONTINUING TRIAL - 1
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 1           Defense counsel seeks to continue trial to April 10, 2023 “to allow sufficient time to

 2   conduct investigations, conduct legal research, review the discovery with Ms. Walker, prepare for

 3   pre-trial motions, and prepare for trial.” Dkt. No. 12 at 1. Counsel observes that this case “involves

 4   at least ten allegedly misleading loan applications” and that discovery is accordingly “voluminous

 5   and will require a significant amount of time to read, analyze, and review[.]” Id. at 2. The Court

 6   agrees. Moreover, Defendant avers that she understands her rights under the Sixth Amendment

 7   and Speedy Trial Act, 18 U.S.C. § 3161, and “knowingly, voluntarily, and with advice of counsel

 8   waive[s her] right to a speedy trial and consent[s] to the continuation of trial . . . to a date up to and

 9   including May 10, 2023.” Dkt. No. 13 at 1.

10           Pursuant to 18 U.S.C. § 3161(h)(7)(A), the Court finds that the ends of justice served by

11   granting a continuance outweigh the best interest of the public and Defendant in any speedier trial.

12   Specifically, the Court finds that failure to grant the requested continuance would likely result in

13   a miscarriage of justice and would deny defense counsel the reasonable time necessary for effective

14   preparation, taking into account the exercise of due diligence, due to counsel’s need for more time

15   to review the evidence, consider possible defenses, and gather evidence material to the defense.

16   See 18 U.S.C. § 3161(h)(7)(B)(i), (iv). The Court also finds that the additional time requested is a

17   reasonable period of delay and will be necessary to provide counsel and Defendant reasonable time

18   to accomplish these tasks and prepare for trial.

19           For these reasons, the Court ORDERS that trial shall be continued from September 26,

20   2022 to April 10, 2023. It is further ORDERED that, pursuant to 18 U.S.C. § 3161(h)(7)(A) and

21   (B), the period of delay from the original September 26, 2022 trial date to the new trial date is

22   EXCLUDED when computing the time within which Defendant’s trial must commence under the

23   Speedy Trial Act. Pretrial motions are due no later than February 27, 2023.

24           Dated this 24th day of August, 2022.


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 2                                            Lauren King
                                              United States District Judge
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