Free Motion to Continue - District Court of Delaware - Delaware

. __ I I Case 1 :06-cr-00031-JJF Document 92 Filed 07/19/2007 PegeI1 of 3 _ .
.. . ._ ' IN THE UNITED STATES DISTRICT COURT
_ FOR THE DISTRICT OF DELAWARE I _ _ I
I UNITED STATES OF AMERICA, } ` >
I Ptmittrr, l y I .
I I v, _ ) Criminal Action No- 06-3l—JIF
II . · FQANCISCO Bl¤tRI§ERA—LOPEZ, l . . _
I_C _ Defendant- l II 2
p JOl§ lj MOTION FQQ CON’1`I_§§lg;§_CE OF SE§jljE._NCING I II;
. The United States ofzkrnerica by and through its undersigned attorney, and Francisco Barrera- I ‘ I
I Lopez, by and through his attorney, Jose Luis Ongay, Esquire, jointly move this Court to enter an II
Order continuing sentencing indefinitely. In support of this motion, the parties state the following: -
· 1. On January 18, 2007, the defendant entered a guilty plea to conspiring with others., I
including co—defendant Salvador Martinez-Torres, to distribute cocaine. (Docket Items [D1.] 70 and I I
7]}.I On Ju-ly 9,I 2007, the Court scheduled the defendant‘s sentencinglfor August 2, 2007, at _I I
me am. (111. Q1). Q I
· I 2- Co-defendant Salvador Martinez-Torres has rejected all plea offers- His trial is not yet I I I
scheduled, as tl1e;CounIordered, on July 3, 2007, that he is presently incompetent to stand trial and ‘I ’
is committed to line custody ofthe Attomey General for hospitalization, not to exceed four (4) Q _
` months, as is necessary to determine whether there is a substantial probability that in the foreseeable l I
more Martinez-'l`orres will attain the capacity to proceed to trial. (D-I. 90-) I II
I 3. The dlefendant is prepared to testiiy truthfully as a Government witness at any trial
concerning the Indictment against co-defendant Salvador Martinez-Torres. '1`he defendant does not -_ _
I Jun.—is-z o? - neun EEZ $*23 ezno ` eek I p

Y ` `.- s Case 1:06-or-00031-JJF Document 92 Filed 07/19/2007 Page 2 of 3 -
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I want to be sentericed without tirst hnving an opportunity to eam from the United States a substantial
assistance motioit for t:rutb;li.1l cooperation. n _
·- i
. 4. By approximately December 15, 2007, the Bureau of Prisons should report to the Court I
on the hospitalization and competency status of co-defendant Sa.1vadorMa11inez—Torrcs. The parties
s ’ request tbnt the Court revisit the issue of the defendant’s sentencing after that competency report is
0 of received by the Court. p C
- 9 WTIEREFQORE, the parties respectfully request that the defendanfs sentencing be continued .
i ` " indefinitely with the Court revisiting the scheduling of the defendanfs sentencing after the Bureau
ot`Prisons responds to the Court’s Order regarding co-defendant Salvador Martinez-Torres. D.I. 90.
· l COLM F. CONNOLLY =
_ United States Attom _
_ JM _ _ . re _ . l
sl ttt>%//ll
. §·’jx, _ . BY; . l I-
Jose Luis Ongay, Esq re ’ ·· ond Fslgowski Y ·
Counsel for Defendant Assistant United States Att ¤ · cy
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. ` ‘ YH2 ,573 EQBG 9EZ w P- @4 `

g Case 1 :06-cr-00031-JJF Document 92 Filed 07/19/2007 Page 3 of 3
. IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
l - I Plaintiff, g
v. I ) Criminal Action N0. 06-31-I JF
FRANCISCO BARRERA-LOPEZ, J
Defendant. g
_ I O R D E R -
I . On this __ day of , 2007, having considered the Joint Motion
for Continuance of Sentencing filed by the parties, it is hereby
A ORDERED that the Court’s Order scheduling the defendant’s sentencing for August 2, 2007,
(D.I. 91) is withdrawn; and
IT IS FURTHER ORDERED that sentencing is continued indefinitely, but will be revisited
after the Bureau of Prisons responds to the Court’s Order regarding the hospitalization of co-
defendant Salvador Martinez-Torres (DI. 90). t I
A y _ “
United States District Court Judge I