United States District Court, D. New Mexico
R. Romero, Attorney for Defendant
Unopposed by AUSA R. Armijo, Attorney for United States.
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO
VACATE AND RESET TRIAL AND EXTEND THE TIME FOR THE FILING OF
O. BROWNING, U.S. DISTRICT JUDGE
MATTER, having come before the court upon motion of the
Defendant, by and through counsel Keith Romero, pursuant to
Rules 12 (c) and 45 (b) of the Federal Rules of Criminal
Procedure, finds that the motion is well taken and good case
has been shown.
the Court finds and hereby orders as follows:
Trial of this matter is presently set for July 2, 2018 at
Previous counsel in this matter requested a Form 13 pre-plea
presentence report which was disclosed on November 14, 2018.
Defendant has relied heavily on this document and its
analysis along with advice of counsel in plea negotiation.
Since that time, the government has disclosed additional
discovery in the form of laboratory reports that support a
charge for distribution of drugs other than what is charged
in the indictment.
Additionally, the defendant has been advised that the
government is going to seek a sentencing enhancement pursuant
to 21 U.S.C. § 851 on all applicable charges.
Defendant has requested of U.S. Probation to amend/modify the
From 13 Report to reflect analysis and calculation of
Defendant's offense level based upon and consistent with
the evidence in this case.
Moreover, defendant requests U.S. Probation's include in
their report an analysis in the application of 21 U.S.C.
§ 851 in his case and at sentencing if convicted.
case also involves the search of the defendant's property
pursuant to a police citizen encounter while defendant was
traveling through New Mexico by bus.
plea negotiations break down reach an impasse, defendant
anticipates filing a Motion to Suppress for violation of
defendant's Fourth Amendment rights under the U.S,
Constitution, 10. The same discovery disclosure by the
government may also necessitate the filing of a ...