Free Motion to Declare Case Complex - District Court of Colorado - Colorado

Case 1:00-cr-00310-WYD

Document 428-2

Filed 05/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00310-WYD-04 UNITED STATES OF AMERICA, Plaintiff, v. 4. RICARDO GONZALEZ, Defendant.

ORDER GRANTING GOVERNMENT'S MOTION TO DECLARE CASE COMPLEX AND VACATING PRESENT PRE-TRIAL AND TRIAL DATES

THIS MATTER comes before the Court on the Government's Motion to Declare this case complex, and after having the opportunity to review this pleading, its file in this matter, and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that this Motion should be and is hereby GRANTED. Further, the Court makes the following Findings of Fact and Conclusions of Law: 1. As set forth in the Government's motion, this case involves only one defendant but the discovery in this case is voluminous, consisting of 6,088 pages. This case involves a multi-state cocaine distribution conspiracy involving six defendants and also a related money laundering conspiracy offense.

Case 1:00-cr-00310-WYD

Document 428-2

Filed 05/16/2007

Page 2 of 3

2.

Also, the total volume of referenced discovery does not include the service of grand jury transcripts and other supplemental discovery that will be generated in this case in the future.

3.

Wherefore, and in light of the foregoing, this Court finds, pursuant to the provisions of 18 U.S.C. §3161(h)(8), that due to the volume of discovery, this case is complex and that it would be unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself with the time limits established by the Speedy Trial Act. See 18 U.S.C. §3161(h)(8)(B)(ii).

4.

Therefore, the period between the date of the filing of the Government's Motion, that is, on or about May 16, 2007, and the date the trial of this matter commences is deemed excludable time for the purposes of the Speedy Trial Act as set forth under 18 U.S.C. §3161(h)(8), with the Court specifically finding that ends of justice served by the granting of the Government's motion outweigh the best interests of the defendant and the public in a Speedy Trial.

5.

Finally, and in light of this ruling, the Court hereby VACATES the pretrial motions hearing, the final trial preparation conference and trial dates, currently set for Thursday, May 31, 2007, at 4:00 p.m. and Monday, June 18, 2007, at 9:00 a.m., respectively, as set forth in this Court's Order of April 24, 2007. A status and scheduling conference will be scheduled in

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Case 1:00-cr-00310-WYD

Document 428-2

Filed 05/16/2007

Page 3 of 3

6.

approximately 90 days by separate Minute Order of this Court.

DONE AND ORDERED this _____ day of May, 2007.

WILEY Y. DANIEL UNITED STATES DISTRICT COURT JUDGE DISTRICT OF COLORADO

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