Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07-cr-00158-GMS

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Filed 02/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JULIO GONZALEZ, Defendant. ) ) ) ) ) ) ) ) )

Cr.A. No.: 07-158 UNA

MOTION FOR AUTHORITY TO OBTAIN A TRANSLATOR Defendant Julio Gonzalez, hereby moves this Honorable Court pursuant to 18 U.S.C. § 3006 A (e) (1) that the Court permit him to retain a translator to prepare a transcript for him of the recorded sessions relied by the Government in his prosecution. In support thereof, Defendant states as follows: 1. Defendant was indicted on November 27, 2007, and entered a pleas of not guilty on

November 29, 2007. He has been incarcerated since that time and is now being kept at the Salem County prison in Salem County, New Jersey. 2. Defendant's counsel has previously sought continuances so that he could review a

transcript of the tape recordings being translated by the Government in order to ascertain whether there were grounds for any Pre-Trial Motions. 3. Although the Government has stated that it is preparing a transcript for its own

purposes, and has offered to provide such transcript to defense counsel when it is completed, its translation and transcription services are apparently backed-up and it has been unable to produce a transcript to-date.

Case 1:07-cr-00158-GMS

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Filed 02/29/2008

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4.

Defendant desires to file his Motions, if any, as expeditiously as possible and cannot

do so unless his counsel can review the transcripts and can be assured that they are reliability produced. 5. Defendant believes that, if the Court grants his petition, he will be able to obtain a

translation of the relevant recorded conversations and file his Motions, if any, within 25 days. WHEREFORE, for the forgoing reasons, Defendant requests that this Court grant his Motion for Authority to Retain a Spanish Translator in accordance with the Order submitted herewith. BIGGS AND BATTAGLIA

DATED: 2/29/2008

By: /s/ Robert D. Goldberg Robert D. Goldberg (ID # 631) Biggs and Battaglia 921 North Orange Street P.O. Box 1489 Wilmington, DE 19899 (302) 655-9677 Attorney for Defendant Julio Gonzalez

Case 1:07-cr-00158-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JULIO GONZALEZ, Defendant. ) ) ) ) ) ) ) ) )

Cr.A. No.: 07-158 UNA

ORDER This Court having duly considered the Motion of Defendant for failure to obtain the services of a Spanish translator, It is hereby Ordered, that Defendant's counsel is hereby authorized to obtain the services of a Spanish translator and to pay to such translator the standard and customary fees charged. IT IS SO ORDERED

Dated: _______________

J. _______________________________

Case 1:07-cr-00158-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JULIO GONZALEZ, Defendant. ) ) ) ) ) ) ) ) )

Cr.A. No.: 07-158 UNA

CERTIFICATE OF SERVICE I hereby certify that on February 29, 2008, I electronically filed the Motion for Authority to Obtain a Translator and Order with the Clerk of Court using CM/ECF, which will send notification of such filing(s) to the following: Keith Rosen U.S. Department of Justice Nemours Building, 1007 Orange Street Suite 7100 Wilmington, DE 19801

BIGGS AND BATTAGLIA

DATED: 2/29/2008

By: /s/ Robert D. Goldberg Robert D. Goldberg (ID # 631) Biggs and Battaglia 921 North Orange Street P.O. Box 1489 Wilmington, DE 19899 (302) 655-9677 Attorney for Defendant Julio Gonzalez