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United States v. Gallegos-Avena

United States District Court, D. New Mexico

June 29, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
FRANCISCO GALLEGOS-AVENA Defendants,

          Keith 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 PRE-TRIAL MOTIONS

          JAMES O. BROWNING, U.S. DISTRICT JUDGE

         THIS 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.

         THEREFORE, the Court finds and hereby orders as follows:

         1. Trial of this matter is presently set for July 2, 2018 at 9:00 a.m.

         2. Previous counsel in this matter requested a Form 13 pre-plea presentence report which was disclosed on November 14, 2018.

         3. Defendant has relied heavily on this document and its analysis along with advice of counsel in plea negotiation.

         4. 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.

         5. 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.

         6. 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.

         7. 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.

         8. This 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.

         9. If 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 ...


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