United States District Court, D. Minnesota
N. Leung United States Magistrate Judge
matter comes before the Court on Defendant Juan Daniel
Valdez-Mendoza's Motion to Continue Motions Hearing and
Trial (ECF No. 49), Defendant Peter Martin's Motion to
Continue Motions Hearing and Trial (ECF No. 51), and
Defendant Fernando Ramos-Meza's Motion to Exclude Time
Under the Speedy Trial Act (ECF No. 53) and Motion to
Continue (ECF No. 54). Valdez-Mendoza and Martin each state
that they require additional time to review on-going
discovery, to confer with their respective counsel, and to
complete all investigation necessary to prepare for the
motion hearing and trial. Valdez-Mendoza also indicates that
he requires significant time to review discovery because he
requires the services of an interpreter when he meets with
counsel. Ramos-Meza states that he requires additional time
to review on-going discovery and to prepare motions and
prepare for trial. Both Valdez-Mendoza and Martin move to
continue the motion hearing, set for January 2, 2019, and
trial, set for January 14, 2019, for a period of 60
days. Ramos- Meza moves to continue the motions
filing deadline at least 30 days and moves for a new motion
hearing date and trial date. Valdez-Mendoza, Martin, and
Ramos-Meza have each filed a Statement of Facts in Support of
Exclusion of Time Under the Speedy Trial Act (ECF Nos. 50,
52, and 55). By separate e-mail, the Government has confirmed
that it does not object to the requested continuances.
to 18 U.S.C. § 3161(h), this Court finds that the ends
of justice served by granting such a continuance outweigh the
best interests of the public, Valdez-Mendoza, and Martin in a
speedy trial and such continuance is necessary to provide
Valdez-Mendoza and Martin and their counsel reasonable time
necessary for effective preparation and review and to make
efficient use of the parties' resources. The
exclusion of time and extension of all the motion hearing and
trial dates as ordered below shall apply to all Defendants in
on all the files, records, and proceedings herein, IT
IS HEREBY ORDERED that:
Defendant Valdez-Mendoza's Motion to Continue Motions
Hearing and Trial (ECF No. 49) is GRANTED.
Defendant Martin's Motion to Continue Motions Hearing and
Trial (ECF No. 51) is GRANTED.
Defendant Ramos-Meza's Motion to Exclude Time Under the
Speedy Trial Act (ECF No. 53) is GRANTED.
Defendant Ramos-Meza's Motion to Continue (ECF No. 54) is
period of time from December 3, 2019 through March 5,
2019, shall be excluded from Speedy Trial Act
computations in this case. See United States v.
Mallett, 751 F.3d 907, 911 (8th Cir. 2014)
(“Exclusions of time attributable to one defendant
apply to all codefendants.” (quotation omitted));
United States v. Arrellano-Garcia, 471 F.3d 897, 900
(8th Cir. 2006) (same).
motions in the above-entitled case shall be filed and served
consistent with Federal Rules of Criminal Procedure 12(b) and
47 on or before February 11,
2019.D. Minn. LR 12.1(c)(1). Two courtesy copies
of all motions and responses shall be delivered directly to
the chambers of U.S. Magistrate Judge Tony N.
Counsel shall electronically file a letter on or
before February 11, 2019, if no motions will be filed and
there is no need for hearing.
responses to motions shall be filed by February 22,
2019. D. Minn. LR 12.1(c)(2).
Notice of Intent to Call Witnesses shall be filed by
February 22, 2019. D. Minn. LR.
Responsive Notice of Intent to Call Witnesses shall be filed
by February 27, ...