United States v. Eric Shibley, Order (Document 71, No. CR20-0174-JCC, Western District of Washington)

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Order by U.S. District Judge John C. Coughenour in United States v. Eric Shibley, No. CR20-0174-JCC in the Western District of Washington, signed on the 11th day of February 2021. The court finds that a jury trial cannot go forward before April 6, 2021 because of the COVID-19 pandemic, as described in the court's General Order 18-20. It also finds that the voluminous discovery, which includes loan applications, bank records and a redacted competency report, and the complex nature of the case justify more time for the defense. The order sets a status conference for April 6, 2021 to discuss the trial date and excludes the time until then under the Speedy Trial Act.

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Case 2:20-cr-00174-JCC Document 71 Filed 02/11/21 Page 1 of 2

THE HONORABLE JOHN C. COUGHENOUR
1

6
UNITED STATES DISTRICT COURT
7
WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE

9 UNITED STATES OF AMERICA, CASE NO. CR20-0174-JCC
10 Plaintiff, ORDER
11 v.

12 ERIC SHIBLEY,

13 Defendant.
14

15
The Court, being fully advised, having reviewed the pleadings in this matter including the
16
Defendant’s Status Memorandum filed at Docket Number 66 and the Redacted Competency
17 Report filed at Docket Number 68, having heard from the parties at a status conference on
18 February 10, 2021, and having considered the General Orders of the United States District Court

19 for the Western District of Washington addressing measures to reduce the spread and health risks
from COVID-19 (See W.D. Wash. General Orders 01-20, 02-20, 07-20, 08-20, 11-20, 13-20, 15-
20
20, 18-20), those Orders and findings incorporated herein, hereby makes the following additional
21
findings:
22
1. As discussed in General Order 18-20, given the current state of COVID-19 pandemic,
23 the likely timeline for the distribution of the vaccine, and the resulting effect of this
24 public health situation on the ability for jurors, witnesses, parties, counsel, and Court
25 staff to be present in the courtroom, it is not possible to go forward with a jury trial
between now and April 6, 2021. See 18 U.S.C. § 3161(h)(7)(B)(i).
26

ORDER
CR20-0174-JCC
PAGE - 1
Case 2:20-cr-00174-JCC Document 71 Filed 02/11/21 Page 2 of 2

2. Further, in light of the voluminous discovery in this case, which contains numerous
1
loan applications, bank records, and other financial information, as well as the
2
Redacted Competency Report, counsel for the defendant has requested additional
3 time to prepare for trial. The failure to grant a continuance in this matter would deny
4 counsel for the defendant the reasonable time necessary for effective preparation,
5 taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).

6
3. Due to the complex nature of this case, the failure to grant a continuance of the trial
7
date in this case would likely result in a miscarriage of justice. Pursuant to 18 U.S.C.
8
§ 3161(h)(7)(A), the ends of justice served by continuing the trial in this case
9
outweighs the best interest of the public and the defendant to a speedy trial.
10

11 IT IS ORDERED that a status conference be set in this case for April 6, 2021, to discuss
12 the trial date. The period of time from the date of this order up to and including the date of the
status conference, shall be excludable time pursuant to 18 U.S.C. § 3161.
13
SO ORDERED.
14

15 DATED this 11th day of February 2021.

A
16

18
John C. Coughenour
19 UNITED STATES DISTRICT JUDGE
20

ORDER
CR20-0174-JCC
PAGE - 2

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