Order Continuing Trial as to Carlos Vazquez — USA v. Vazquez (Dkt. 39, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)

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In this Order Continuing Trial, Document 39 dated 11th day of August, 2021 in Case No. 21-20231-CR in the Southern District of Florida, United States District Judge Donald M. Middlebrooks grants defendant Carlos Vazquez's motion for continuance. He cites the representation of counsel, the defendant's health issues and the need for newly retained counsel to review discovery. Trial is rescheduled to begin Monday, September 27, 2021 at 9:00 am in Miami. The deadline for announcing an intention to plead guilty and still qualify for acceptance of responsibility credit is extended to AUGUST 31, 2021, and the time between August 10, 2021 and September 27, 2021 is excluded from speedy trial calculations.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 21-20231-CR MIDDLEBROOKS 
 
UNITED STATES OF AMERICA,  
Plaintiff, 
 
vs. 
 
 
 
 
 
 
 
 
 
 
 
 
CARLOS VAZQUEZ, 
Defendant(s) 
___________                            / 
 
 
ORDER CONTINUING TRIAL 
 
THIS CAUSE comes before the court pursuant to Defendant’s Motion for Continuance 
(D.E. 38).  Due to the representation of counsel, Defendant’s health issues and the need for 
newly retained counsel to review discovery, the motion is GRANTED. The Trial is rescheduled 
to begin on Monday, September 27, 2021 at 9:00 am in Miami.  
Per my previous Orders (D.E. 26 and 29), the Defendant was put on notice that 
Qualification for Acceptance of Responsibility would be jeopardized if an intention to enter 
a plea of guilty was not announced of record on or before July 2, 2021 and then extended to 
July 16, 2021.  Due to Defendant retaining new counsel, the deadline for timely acceptance 
of responsibility is extended to AUGUST 31, 2021.  See United States Sentencing 
Commission Guidelines Manual, §3E1.1 application notes 1(h) and 6 ("[to] qualify under 
subsection (b)(2) the defendant must have notified authorities of his intention to enter a plea of 
guilty at a sufficiently early point in the process so that the government may avoid preparing for 
trial and the court may schedule its calendar efficiently."); United States v. Estrada, 648 F. 
Appx. 797, 802 (11th Cir. 2016) (unpublished); United States v. Smith, 422 F.3d 715, 724-27 (8th 
Cir. 2005).  Counsel shall notify Chambers and the Government by 2:00 pm on August 31, 2021 
if Defendant will be changing his plea. (The change of plea does not have to be conducted by 
August 31, 2021, only an on the record statement by Defendant of an intention to do 
so.)  Defendant is unlikely to receive the third point credit for timely acceptance of 
responsibility and any other credit for acceptance is in jeopardy if the August 31, 2021 
deadline is not met.   
 
 
 
Case 1:21-cr-20231-DMM   Document 39   Entered on FLSD Docket 08/11/2021   Page 1 of 2

For the reasons stated, the Court finds that the interests of justice outweigh the demands 
of the Speedy Trial Act.  Therefore, it is 
ORDERED AND ADJUDGED that the time between August 10, 2021 and September 
27, 2021 is hereby excluded from Speedy Trial Act calculations.   
DONE AND ORDERED at Miami, Florida, this 11th day of August, 2021. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Donald M. Middlebrooks 
United States District Judge 
 
 
 
 
 
 
 
 
 
 
 
cc: Counsel of Record  
Case 1:21-cr-20231-DMM   Document 39   Entered on FLSD Docket 08/11/2021   Page 2 of 2

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