Order Continuing Trial — United States v. Walker (W.D. Wash., Document 30)

Summary

Order Continuing Trial, filed July 5, 2023 as Document 30 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 Stipulated Motion to Continue Trial and Pretrial Motions Dates and her Speedy Trial Waiver. A footnote states that the motion is not signed by the Government's attorney and is therefore not a proper stipulation, and the Court treats it as unopposed. Defense counsel asserts being out of the office on leave for the month of July, returning on July 31, 2023. The Court GRANTS the motion, continues trial from August 14, 2023 to September 18, 2023, and sets pretrial motions due no later than August 7, 2023.

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“Order Continuing Trial — United States v. Walker (W.D. Wash., Document 30).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-w-d-wash-no-2-22-cr-00105-dkt-30-w-d-wash-d97cd0a726/, SHA-256 dc963fdd41bf84bf3b2bc0b17df1959eb7c969e692acc9d268ace5ba6427b2d6.

Full text

Case 2:22-cr-00105-LK Document 30 Filed 07/05/23 Page 1 of 3

7
UNITED STATES DISTRICT COURT
8
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
9

10
UNITED STATES OF AMERICA, CASE NO. 22-CR-00105-LK
11
Plaintiff, ORDER CONTINUING TRIAL
12 v.
13 DANNI WALKER,
14 Defendant.

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

17 Continue Trial and Pretrial Motions Dates, Dkt. No. 28, 1 as well as her Speedy Trial Waiver, Dkt.

18 No. 29. On July 27, 2022, a federal grand jury indicted Ms. Walker 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 generally Dkt. No. 1. The case involves

22 “at least eight allegedly fraudulent loan applications related to the Paycheck Protection Program.”

23
1
Although defense counsel captions Ms. Walker’s motion as a stipulation, it is not signed by the Government’s
24 attorney and therefore is not a proper “stipulation.” See Dkt. No. 28 at 3. The Court treats the motion as unopposed.

ORDER CONTINUING TRIAL - 1
Case 2:22-cr-00105-LK Document 30 Filed 07/05/23 Page 2 of 3

1 Dkt. No. 28 at 2. Ms. Walker pleaded not guilty to all counts. Dkt. No. 7. Although her jury trial

2 was originally slated to begin on September 26, 2022, id., the Court previously granted two

3 unopposed motions to continue trial. See Dkt. Nos. 12, 14, 21, 23. Ms. Walker’s trial is currently

4 scheduled for August 14, 2023. Dkt. No. 23 at 2.

5 Defense counsel now seeks a third continuance, this time to September 18, 2023, “to allow

6 sufficient time to conduct investigations, conduct legal research, review the discovery with Ms.

7 Walker, prepare for pretrial motions, and prepare for trial.” Dkt. No. 28 at 1–2. Although counsel

8 is “diligently analyzing th[e] discovery and conducting additional investigation,” that discovery

9 “is voluminous” and demands “a significant amount of time to read, analyze, and review with Ms.

10 Walker.” Id. at 2. Defense counsel further asserts that he is “out of the office on leave for the month

11 of July, returning on July 31, 2023, just two weeks before the current trial date.” Id. Given this

12 leave, the defense team needs more time “to adequately prepare in the weeks leading up to the trial

13 date.” Id. Ms. Walker avers that she understands her rights under the Sixth Amendment and Speedy

14 Trial Act, 18 U.S.C. § 3161, and knowingly, voluntarily, and with the advice of counsel waives

15 her right to a speedy trial and consents to a continuation of trial to a date up to and including

16 October 9, 2023. Dkt. No. 29 at 1.

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

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

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

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

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

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

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

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Case 2:22-cr-00105-LK Document 30 Filed 07/05/23 Page 3 of 3

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

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

3 For these reasons, the Court GRANTS the motion and ORDERS that trial shall be

4 continued from August 14, 2023 to September 18, 2023. It is further ORDERED that, pursuant to

5 18 U.S.C. § 3161(h)(7)(A) and (B), the period of delay from the date of this Order to the new trial

6 date is EXCLUDED when computing the time within which Ms. Walker’s trial must commence

7 under the Speedy Trial Act. Pretrial motions are due no later than August 7, 2023.

8 Dated this 5th day of July, 2023.

9
A
10 Lauren King
United States District Judge
11

ORDER CONTINUING TRIAL - 3

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