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

Case 1:00-cr-00310-WYD

Document 428

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.

GOVERNMENT'S MOTION TO DECLARE CASE COMPLEX

Comes Now, the United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, and files a Motion to Declare the above-captioned case complex, showing unto the Court as follows: 1. The Government submits that the above-captioned case is complex due to the nature of the case and that it would be unreasonable to expect adequate preparation by the defense for trial within the time limits established by Title 18, United States Code, Section 3161. 2. On July 25, 2000, an Indictment was returned in this case charging this defendant in Counts One and Five with a conspiracy to possess with intent to distribute cocaine in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(A), and 846, and a conspiracy to commit money laundering in violation of Title 18, United States Code, Section 1956(h).

Case 1:00-cr-00310-WYD

Document 428

Filed 05/16/2007

Page 2 of 4

3.

This defendant was recently brought here at the request of the undersigned from a Bureau of Prisons (BOP) facility in Leavenworth, Kansas, where he was serving an unexpired sentence as the result of his conviction on an unrelated federal narcotics charge elsewhere. The pretrial discovery in this case is voluminous, consisting of 6,088 pages. The undersigned has spoken with counsel for this defendant, Mitchell Baker, Esq., and he has authorized me to state that he has no objection to the relief requested herein. The Government submits that due to the volume of discovery in this case, this case is complex.

4.

Finally, the Government would respectfully request that the motions hearing/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, be vacated. The Government would propose that a scheduling and status conference be set for on or after Monday, August 13, 2007, by Minute Order at the convenience of the Court. A copy of a proposed Order is enclosed for the Court's consideration.

WHEREFORE, and pursuant to the provisions of Title 18, United States Code, Section 3161(h)(8)(B)(ii), the Government hereby respectfully moves that this case be declared complex for the purposes of the Speedy Trial Act.

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Case 1:00-cr-00310-WYD

Document 428

Filed 05/16/2007

Page 3 of 4

Respectfully submitted this 16th day of May, 2007, TROY A. EID UNITED STATES ATTORNEY

By: s/ James R. Boma JAMES R. BOMA Assistant U.S. Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for the Government

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Case 1:00-cr-00310-WYD

Document 428

Filed 05/16/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 16th day of May, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION TO DECLARE CASE COMPLEX with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address(es): Mitchell Baker, Esq. [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participants in the manner indicated:

s/Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant to James R. Boma Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]

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