Response in Opposition by USA as to Carlos Vazquez — USA v. Vazquez (Dkt. 61, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 61 · 2021-11-15 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT  
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 21-CR-20231-MIDDLEBROOKS 
 
 
UNITED STATES OF AMERICA  
 
 
 
vs. 
 
CARLOS VAZQUEZ, 
 
Defendant. 
  
/ 
 
THE UNITED STATES OF AMERICA’s RESPONSE TO 
DEFENDANT VAZQUEZ’S EMERGENCY RENEWED MOTOIN FOR COTINUANCE 
 
 
The United States of America files this response to Defendant Vazquez’s Emergency 
Renewed Motion for Continuance, DE 60 (“Defendant’s Emergency Motion”), and states as 
follows: 
1. 
The United States of America produced the most relevant documents pertaining to 
Defendant’s immigration file via email to Albert Levine on Tuesday November 2, 2021, as part of 
SDO-7.  As a courtesy, the undersigned offered to allow Albert Levine to inspect the original 
immigration file, and a meeting was set for November 8, 2021.  
2. 
However, Albert Levine demanded his client also be allowed to review the file.  
The undersigned was not willing to let the Defendant review the original file.  Accordingly, the 
undersigned had a copy of the entire file made for the Defense to review which was never picked 
up.  
3. 
Defendant has not suffered any prejudice.  His counsel was provided with the most 
relevant documents weeks ago which establish that Defendant is NOT a citizen of the United 
States.  Including,  
Case 1:21-cr-20231-DMM   Document 61   Entered on FLSD Docket 11/15/2021   Page 1 of 3

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 A copy of Defendant’s Cuban birth certificate, which contains the same date (Jan. 18, 1964) 
and place of birth (Havana) as he initially told U.S. Probation, 
 A copy of Defendant’s Memorandum of Creation of Record of Lawful Permanent 
Residence, 
 A Memorandum of Oral Decision finding that Defendant is subject to removal, and 
ineligible for relief which was personally served on Defendant on November 6, 1997, 
  An Immigration and Naturalization Service order of supervision referencing the order 
excluding or deporting Defendant and requiring that Defendant periodically report to the 
Immigration and Naturalization Service, which was acknowledged and signed by 
Defendant on April 16, 1999, 
 An INS order of supervision referencing the order excluding or deporting Defendant and 
requiring that Defendant periodically report to the Immigration and Naturalization Service, 
which was acknowledged and signed by Defendant on April 4, 2000. 
4. 
Additionally, Defendant has not suffered any prejudice by not reviewing the 
documents in person because according to Defendant’s Emergency Motion, he was in the hospital 
for the week leading up to November 14, 2021 and was thus ostensibly not available to review the 
file in person anyway.   
5. 
The United States would be prejudiced if the sentencing were continued at this late 
date.  The United States has subpoenaed numerous civilian witnesses to testify at the sentencing 
as scheduled on November 16, 2021.  Their testimony is necessary to establish the United States’ 
Objections to the PSI pertaining to the ownership of Defendant’s apartment.  Defendant backdated 
the deed transferring his Apartment, which the Defendant apparently still disputes.  
6. 
The United States has also arranged for an Immigration and Customs Enforcement 
Case 1:21-cr-20231-DMM   Document 61   Entered on FLSD Docket 11/15/2021   Page 2 of 3

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Deportation Officer to be present at the sentencing with the immigration file.   
WHEREFORE, for the foregoing reasons, the Defendant’s Emergency Motion should be 
denied, and the sentencing should proceed as scheduled.  
 
Respectfully submitted, 
 
JUAN ANTONIO GONZALEZ 
UNITED STATES ATTORNEY 
 
By: 
/s/ Hayden P. O’Byrne 
Hayden P. O’Byrne 
Assistant United States Attorney 
Florida Bar No. 60024 
United States Attorney’s Office  SDFL 
99 Northeast 4th Street 
Miami, FL. 33132-2111 
Tel: (305) 961-9447 
Hayden.obyrne@usdoj.gov 
Case 1:21-cr-20231-DMM   Document 61   Entered on FLSD Docket 11/15/2021   Page 3 of 3

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