Order Continuing Trial — United States v. Walker (W.D. Wash., Document 23)

Summary

Order Continuing Trial, filed January 30, 2023 as Document 23 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 order acts on Defendant's second Unopposed Motion to Continue Trial and Pretrial Motions Dates and her Speedy Trial Waiver. It recites that a federal grand jury indicted Ms. Walker on six counts of wire fraud related to allegedly false and misleading Paycheck Protection Program loan applications and that she pleaded not guilty. The Court orders that trial is continued from April 10, 2023 to August 14, 2023, excludes the period of delay under the Speedy Trial Act, and sets pretrial motions due no later than July 3, 2023.

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               Case 2:22-cr-00105-LK Document 23 Filed 01/30/23 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 second Unopposed

17   Motion to Continue Trial and Pretrial Motions Dates, Dkt. No. 21, as well as her Speedy Trial

18   Waiver, Dkt. No. 22. On July 27, 2022, a federal grand jury indicted Ms. Walker on six counts of

19   wire fraud related to her submission of allegedly false and misleading Paycheck Protection

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

21   the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. See Dkt. No. 1. The case

22   involves “at least ten allegedly misleading loan applications related to [the] Paycheck Protection

23   Program.” Dkt. No. 21 at 2. Ms. Walker pleaded not guilty to all counts. Dkt. No. 7. Although Ms.

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 1   Walker’s jury trial was originally slated to begin on September 26, 2022, id., the Court previously

 2   granted her unopposed motion to continue trial to April 10, 2023, Dkt. No. 14 at 2.

 3          Defense counsel now requests a second continuance, this time to August 14, 2023, “to

 4   allow sufficient time to conduct investigations, conduct legal research, review the discovery with

 5   Ms. Walker, prepare for pre-trial motions, and prepare for trial.” Dkt. No. 21 at 1–2. Although

 6   counsel is “diligently analyzing [the] discovery and conducting additional investigation,” the

 7   discovery in this case “is voluminous and is requiring a significant amount of time to read, analyze,

 8   and review with Ms. Walker.” Id. at 2. Ms. Walker avers that she understands her rights under the

 9   Sixth Amendment and Speedy Trial Act, 18 U.S.C. § 3161, and “knowingly, voluntarily, and with

10   advice of counsel waive[s her] right to a speedy trial and consent[s] to the continuation of the date

11   of [the] trial from April 10, 2023, to a date up to and including September 14, 2023.” Dkt. No. 22

12   at 1. The Government does not oppose Ms. Walker’s motion. Dkt. No. 21 at 1.

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

14   granting a continuance outweigh the best interest of the public and Ms. Walker in any speedier

15   trial. Specifically, the Court finds that failure to grant the requested continuance would likely result

16   in a miscarriage of justice and would deny defense counsel the reasonable time necessary for

17   effective preparation, taking into account the exercise of due diligence, due to counsel’s need for

18   more time to review the evidence, consider possible defenses, and gather evidence material to the

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

20   requested is a reasonable period of delay and will be necessary to provide counsel and Ms. Walker

21   reasonable time to accomplish these tasks and prepare for trial.

22          For these reasons, the Court ORDERS that trial shall be continued from April 10, 2023 to

23   August 14, 2023. It is further ORDERED that, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B), the

24   period of delay from the date of this Order to the new trial date is EXCLUDED when computing


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 1   the time within which Ms. Walker’s trial must commence under the Speedy Trial Act. Pretrial

 2   motions are due no later than July 3, 2023.

 3          Dated this 30th day of January, 2023.

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                                                      A
 5                                                    Lauren King
                                                      United States District Judge
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