Case Information
*1 Case: 3:21-cr-00015-RAM-RM Document #: 77 Filed: 03/29/22 Page 1 of 2 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, )
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Plaintiff, )
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v. ) Case No. 3:21-cr-0015 )
JULIUS ALVAREZ-GONZELEZ AND JIMMY )
GARCIA-QUINONEZ, )
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Defendants. )
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ORDER
BEFORE THE COURT
is the trial in this matter currently scheduled for April 4, 2022. For the reasons stated herein, the time to try this case is extended up to and including May 2, 2022.
On March 23, 2022, the Court ordered the parties to notify the court of their readiness for trial. (ECF No. 73.) In his response, Defendant Julius Alvarez-Gonzalez’s states that he has reached a plea agreement with the United States and requests until April 1, 2022, for the plea agreement to be translated and conveyed. (ECF No. 75 at 1.) Defendant Jimmy Garcia- Quinonez similarly states that the parties are finalizing plea negotiations and requests until April 1, 2022, to “translate and discuss the terms of the final version of the plea agreement and file a motion for change of plea.” (ECF No. 76 at 1.) Both defendants state that a jury trial “will not be necessary.” (ECF No. 75 at 1, ECF No. 76 at 1.) In the United States’ response, it represents that the parties are finalizing plea negotiations and that the matter should be resolved short of trial, but that it will be ready to proceed should the trial go forward. (ECF No. 74 at 1.)
While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically finds that extending this period would be in the best interest of justice to allow the parties time to finalize plea negotiations. The United States Court of Appeals for the Third Circuit has recognized that "whether or not a case is 'unusual' United States v. Field or 'complex,' an 'ends of justice' continuance may in appropriate circumstances be granted."
s, 39 F.3d 439, 444 (3d Cir. 1994) (finding that the district court had *2 Case: 3:21-cr-00015-RAM-RM Document #: 77 Filed: 03/29/22 Page 2 of 2 United States v. Alvarez-Gonzelez et. al.
Case No.: 3:21-cr-0015
Order
Page 2 of 2
United States v. Gutierrez properly granted an “ends of justice” continuance to “permit plea negotiations to continue”);
, 351 F. App'x 697, 699 (3d Cir. 2009) (upholding a continuance where “[p]lea negotiations were ongoing and . . . appeared to be progressing toward a nontrial disposition”).
ORDERED The premises considered, it is hereby SHALL
that the time beginning from the date of this order granting an extension through May 2, 2022, be excluded in computing the time within which the trial in this ORDERED SHALL matter must be initiated pursuant to 18 U.S.C. § 3161; it is further
that the parties file and serve a pre-trial brief no later April 25, 2022, which shall include the following: (a) proposed list of witnesses; (b) proposed list of voir dire exhibits; (c) estimated length of case-in-chief and case-in-defense; (d) proposed non-
standard questions; and (e) proposed non-standard jury instructions related to the ORDERED SHALL elements of the charges and defenses; it is further
that the parties provide the Clerk of Court with a USB Flash Drive containing electronic versions of exhibits no later than April 27, 2022; ORDERED SHALL [1] it is further that the jury selection and trial in this matter commence promptly ORDERED at 9:30 on May 2, 2022, in St. Thomas Courtroom 1; and it is further
that, no later than April 1, 2022, the parties SHALL file their respective motions for change of plea or file an appropriate motion requesting more time, if necessary. Dated: Robert A. Molloy ROBERT A. MOLLOY /s/
March 29, 2022 Chief Judge
[1] Counsel are advised to consult with Court technical staff to determine the proper format for saving electronic versions of exhibits. The Government’s trial exhibits shall be labelled sequentially beginning with Government’s Exhibit 1. Defense exhibits shall be labelled sequentially beginning with Defense Exhibit A.