ORDER RE MISTRIAL
On February 8, 2013, the jurors in the trial of this matter reported they were hopelessly deadlocked and could not reach a unanimous verdict. Defendant's counsel moved for a mistrial and it was granted.
Pursuant to 18 U.S.C. Section 3161(e), if a defendant is to be tried again following declaration of a mistrial, the trial is to commence within 70 days. Defendant, however, executed a waiver of speedy trial (ECF No. 134) and accordingly, jury trial is this matter will be on June 17, 2013 at 9:00 a.m. in Spokane. A pre-trial conference will be conducted on June 4, 2013 at 3:30 p.m. in Spokane.
Pursuant to Pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), the Court DECLARES EXCLUDABLE from Speedy Trial Act calculations the period from April 19, 2013, that being 70 days from the declaration of mistrial on February 8, through June 17, 2013, the new date of the trial, as the period of delay granted for adequate preparation by counsel.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide a copy to counsel and to the U.S. Marshal.
LONNY R. SUKO
United States District Judge