Case 2:15-cr-00029-RAJ Document 34 Filed 11/05/15 Page 1 of 4

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JUDGE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
BRIAN FARRELL,

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Defendant.

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No. CR15-029-RAJ
UNOPPOSED MOTION TO
CONTINUE TRIAL AND
PRETRIAL MOTIONS DATES

Brian Farrell, through his attorney, Assistant Federal Public Defender Nancy

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Tenney, respectfully requests a continuance of the trial date from November 30, 2015,

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to April 25, 2015. For the reasons set forth below, Mr. Farrell also requests a discovery

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deadline of December 4, 2015, and a deadline for the defense to file a motion to

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compel, if necessary, by December 11, 2015. This motion is made for the following

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reasons.

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Mr. Farrell is charged with conspiracy to distribute cocaine, heroin, and

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methamphetamine. The charge carries a ten-year mandatory minimum term of

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imprisonment. The Indictment alleges that Mr. Farrell participated in a large drug

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conspiracy by virtue of his employment with the online black market website known as

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“Silk Road 2.0.” According to the government, Silk Road 2.0 offered buyers and sellers

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of drugs and other illegal commodities an anonymous platform upon which to transact

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business.

UNOPPOSED MOTION TO CONTINUE TRIAL
AND PRETRIAL MOTIONS DATES
(Brian Farrell, CR15-029-RAJ) - 1

FEDERAL PUBLIC DEFENDER
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
(206) 553-1100

 Case 2:15-cr-00029-RAJ Document 34 Filed 11/05/15 Page 2 of 4

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On October 13, 2015, the government provided defense counsel a letter

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indicating that Mr. Farrell’s involvement with Silk Road 2.0 was identified based on

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information obtained by a “university-based research institute” that operated its own

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computers on the anonymous network used by Silk Road 2.0. In response to this letter,

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undersigned counsel requested additional discovery from the government to determine

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the relationship between the “university-based research institute” and the federal

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government, as well as the means used to identify Mr. Farrell on what was supposed to

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operate as an anonymous website. To date, the government has declined to produce

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any additional discovery.

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On November 1, 2015, this Court held a hearing in United States v. Peterson-

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Siler, CR 15-00118 RAJ, in which the defense requested the same discovery requested

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in this matter. At that hearing, this Court continued the trial and set a new date for the

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government to disclose additional discovery, as well as a briefing schedule to address a

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motion to compel disclosure should that become necessary. Given that these two cases

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present identical issues, Mr. Farrell respectfully requests that his trial be continued and

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that he be allowed to follow the briefing schedule set in Peterson-Siler.

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For these reasons, the parties ask the Court to find that:

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(a) taking into account the exercise of due diligence, a failure to grant a

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continuance would deny counsel for the defendant the reasonable time necessary for

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effective preparation, due to counsel’s need for more time to review newly-disclosed

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evidence, consider possible defenses, and gather evidence material to the defense, as set

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forth in 18 U.S.C. § 3161(h)(7)(B)(iv); and

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(b) a failure to grant a continuance would likely result in a miscarriage of justice,
as set forth in 18 U.S.C. § 3161(h)(7)(B)(i); and

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UNOPPOSED MOTION TO CONTINUE TRIAL
AND PRETRIAL MOTIONS DATES
(Brian Farrell, CR15-029-RAJ) - 2

FEDERAL PUBLIC DEFENDER
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
(206) 553-1100

 Case 2:15-cr-00029-RAJ Document 34 Filed 11/05/15 Page 3 of 4

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(c) the additional time requested is a reasonable period of delay, as the defendant

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has requested more time to prepare for trial, to investigate the matter, to gather evidence

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material to the defense, and to consider possible defenses; and

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(d) the case is sufficiently complex that it is unreasonable to expect adequate

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preparation for pretrial proceedings or the trial itself within the current trial schedule, as

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set forth in 18 U.S.C. § 3161(h)(7)(B)(ii); and

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(e) the ends of justice will best be served by a continuance, and the ends of

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justice outweigh the best interests of the public and the defendant in any speedier trial,

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as set forth in 18 U.S.C. § 3161(h)(7)(A); and

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(f) the additional time requested between the current trial date of November 30,

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2015, and the new trial date is necessary to provide counsel for the defendant

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reasonable time to prepare for trial considering all of the facts set forth above.

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Mr. Farrell has executed a speedy trial waiver, which will be filed forthwith.

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Assistant United States Attorney Thomas Woods has no objection to the

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continuance.

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Therefore, the parties respectfully request a continuance of the trial date to April

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25, 2015. The parties also request a discovery deadline of December 4, 2015 and a

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deadline of December 11, 2015 for a motion to compel, if necessary. The parties further

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ask the Court to exclude the time period from the date of the Court’s order to the new

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trial date for purposes of computing the time limitations imposed by the Speedy Trial

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Act.

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DATED this 5th day of November, 2015.

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Respectfully submitted,

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s/ Nancy Tenney
Assistant Federal Public Defender
Attorney for Brian Farrell

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UNOPPOSED MOTION TO CONTINUE TRIAL
AND PRETRIAL MOTIONS DATES
(Brian Farrell, CR15-029-RAJ) - 3

FEDERAL PUBLIC DEFENDER
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
(206) 553-1100

 Case 2:15-cr-00029-RAJ Document 34 Filed 11/05/15 Page 4 of 4

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CERTIFICATE OF SERVICE
I certify that on November 5, 2015, I electronically filed the foregoing document

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with the Clerk of the Court using the CM/ECF system, which will send notification of

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filing to all registered parties.

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s/ Charlotte Ponikvar
Paralegal

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UNOPPOSED MOTION TO CONTINUE TRIAL
AND PRETRIAL MOTIONS DATES
(Brian Farrell, CR15-029-RAJ) - 4

FEDERAL PUBLIC DEFENDER
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
(206) 553-1100