Court filing
Unopposed MOTION to Continue Trial by Alexandra Acosta. Responses due by 5/28/2024 — USA v. Alexandra Acosta (Dkt. 40)
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-05-13 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60170-RNS · Doc. 40 · 2024-05-13 · Docket on CourtListener
Summary
An unopposed motion to continue trial filed May 13, 2024 by defendant Alexandra Acosta in United States v. Alexandra Acosta, No. 0:23-cr-60170-RNS, in the U.S. District Court for the Southern District of Florida, Doc. 40. The motion asks the court to move the trial, then set for May 20, 2024, to June 3, 2024, and states that the government has no objection. Its procedural history lists the October 19, 2023 arraignment, two earlier continuances, discovery exchanges, and a subpoena served on May 7, 2024. Defense counsel cites personal matters and the remaining trial preparation, including motions in limine, as the basis for the request. The motion states trial is expected to last approximately 4 days and that the parties can be ready from June 3, 2024 to June 14, 2024 or anytime after July 24, 2024.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA, )
)
Plaintiff,
)
)
v.
)
CASE NO. 23-cr-60170-RNS
)
)
ALEXANDRA ACOSTA,
)
)
Defendant.
)
_______________________________)
UNOPPOSED MOTION TO CONTINUE TRIAL
COMES NOW, the Defendant, ALEXANDRA ACOSTA (“Acosta”), by and
through the undersigned attorney, and motions this Court to continue her presently
scheduled trial to June 3, 2024. In support thereof, Acosta states as follows:
1.
Prior to filing the instant motion, the undersigned communicated with
AUSA Trevor Jones (“AUSA Jones”), the prosecutor assigned to the instant case,
who advised the government has no objection to granting the instant motion.
PROCEDURAL HISTORY
2.
On October 19, 2023, Acosta was arraigned. On October 25, 2023, the
government disclosed its first discovery submission. On November 20, 2023, the
Case 0:23-cr-60170-RNS Document 40 Entered on FLSD Docket 05/13/2024 Page 1 of 5
Court granted Acosta’s first motion to continue. On February 29, 2024, the Court
granted Acosta’s second motion to continue. Calendar call is presently scheduled for
May 14, 2024 and trial is set for May 20, 2024.
3.
On February 26, 2024, the government arrested the Co-Defendant,
VILSAINT ST. LOUIS (“St. Louis”). On March 14, 2024, a superseding indictment
was filed against St. Louis. A change of plea hearing is scheduled for him on May
14, 2024.
4.
The government disclosed additional discovery to Acosta on March 12,
2024, May 2, 2024, and May 6, 2024. Acosta disclosed reciprocal discovery to the
government on January 15, 2024, January 26, 2024, February 6, 2024, and May 1,
2024. The undersigned expects to receive additional discovery after St. Louis enters
a guilty plea, including the factual basis for his plea and his plea agreement.
5.
On May 7, 2024, the undersigned served a subpoena to produce records
on St. Louis and his tax preparation companies to obtain copies of Acosta’s customer
file and other documents. The return deadline for that subpoena is May 15, 2024.
BASIS FOR CONTINUANCE
6.
On Saturday, May 11, 2024 the undersigned’s elderly mother-in-law
(she is 87) fell accidentally and sustained a serious head injury that resulted in two
brain bleeds. She was transported to a local trauma center by fire rescue and is
Case 0:23-cr-60170-RNS Document 40 Entered on FLSD Docket 05/13/2024 Page 2 of 5
presently admitted in the intensive care unit where she is receiving emergency
medical treatment.
7.
Separately, the undersigned is experiencing a dental problem that he
expects may require a root canal or tooth extraction based on how it feels. The
undersigned has an appointment to obtain a 3-D x-ray at 5:00 pm on May 13, 2024
(it was the earliest available). At that appointment the undersigned will learn if a
corrective dental procedure is necessary. However, if one is necessary, the procedure
would need to be delayed until the week of May 20 (the week of trial) because the
undersigned takes two specific medications that would need to be stopped for 3-5
days in advance of any dental procedure.
8.
The undersigned requires a continuance so that he may attend to these
personal matters and still have enough time to complete and file motions in limine,
respond to the government’s motions in limine [DN 38, 39], finish preparing for
direct and cross examination, finish preparing exhibits, and otherwise complete trial
preparations as well as be available for trial.
9.
It should be noted that the undersigned and counsel for the government
have worked together closely over the last two weeks to narrow the issues, identify
where the parties agree and disagree, and otherwise cooperate to be as expeditious
as possible with the Court’s and jury’s time.
Case 0:23-cr-60170-RNS Document 40 Entered on FLSD Docket 05/13/2024 Page 3 of 5
AVAILABILITY OF THE PARTIES
10.
Trial is expected to last approximately 4 days. After conferring with the
government, the undersigned can represent that the parties are available and can be
ready for trial from June 3, 2024 to June 14, 2024 and anytime after July 24, 2024.
The government’s witnesses are not available from June 16, 2024 until July 5, 2024
and the assigned prosecutor will be out of town from July 5, 2024 until July 16, 2024
but will need until July 24, 2024 to catch up on his work duties after being away and
to prepare for trial.
11.
If acceptable to the Court, the parties’ preference is to begin trial on
June 3, 2024.
WHEREFORE, the Defendant and the undersigned attorney respectfully
motion this Court continue the presently scheduled trial to June 3, 2024.
Respectfully Submitted,
/s/ Brian Silber
______________________________
Brian Silber, Esq.
Counsel for Alexandra Acosta
Florida Bar #: 0640646
916 South Andrews Avenue
Fort Lauderdale, FL 33316
954-462-3636 (ofc)
silberlaw@gmail.com
briansilberlaw.com
Case 0:23-cr-60170-RNS Document 40 Entered on FLSD Docket 05/13/2024 Page 4 of 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this document was served on the
following parties via CM/ECF on May 13, 2024.
SERVICE LIST
AUSA Trevor Jones
U.S. Attorney’s Office SDFL
500 E. Broward Blvd, 7th Floor
Ft. Lauderdale, FL 33394
786-564-9109
trevor.jones@usdoj.gov
Case 0:23-cr-60170-RNS Document 40 Entered on FLSD Docket 05/13/2024 Page 5 of 5File and source
- File
- gov.uscourts.flsd.654235.40.0.pdf
- Size
- 138,032 bytes
- SHA-256
- 7e8defda80cbd4e01fd7f48845bb5b9dd836fc6ffa99ab4d6411a51591da4636
- Original
- PACER (login required)