Unopposed Motion to Continue Trial — United States v. Philossaint (Dkt. 92, S.D. Fla.)

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An Unopposed Motion to Continue Trial in United States of America v. Joff Stenn Wroy Philossaint, Case No. 22-80144-CR-SMITH/MAYNARD(s), in the U.S. District Court for the Southern District of Florida, filed November 14, 2022. Defense counsel Ian J. Goldstein moves to continue the scheduled trial. The motion states that the defendant entered guilty pleas that day to counts 1, 2 and 3 of the superseding indictment and remains charged with count 4, obtaining citizenship by fraud under 18 U.S.C. § 1425(a), on which he is proceeding to trial. It states that defense preparation has centered on the other counts, that discovery is voluminous, and that counsel is beginning another trial before Judge Donald Middlebrooks.

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Case 9:22-cr-80144-RS Document 92 Entered on FLSD Docket 11/14/2022 Page 1 of 3




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                          CASE NO. 22-80144-CR-SMITH/MAYNARD(s)

 UNITED STATES OF AMERICA,

                Plaintiff,

 vs.

 JOFF STENN WROY PHILOSSAINT,
             Defendant.
 ___________________________________/

                       UNOPPOSED MOTION TO CONTINUE TRIAL

        COMES NOW, the defendant, JOFF STENN WROY PHILOSSAINT, by and through

 his undersigned counsel, who would hereby move for a continuance of the currently scheduled

 trial in this case, and in support thereof would show as follows:

        1. Defendant was charged by superseding indictment with multiple financial crimes.

            Today, defendant entered guilty pleas to counts 1, 2 and 3 of the superseding

            indictment.

        2. Defendant remains charged with count 4, Obtaining Citizenship by Fraud, in violation

            of Title 18 U.S.C. § 1425(a), and is proceeding to trial on that count.

        3. The defense requires additional time to prepare to defend this charge. To date,

            virtually all defense preparation has centered around counts 1, 2 and 3. The discovery

            in this case is voluminous, and the undersigned counsel has received two separate 1

            TB hard drives containing discovery.

        4. Undersigned counsel is beginning a trial before the Honorable Donald Middlebrooks

            in the case of U.S.A. v. John Moore, Jr. and Tanner Mansell in Case No. 22-80073-

            CR-MIDDLEBROOKS. Jury selection is to begin this Wednesday, November 16,

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Case 9:22-cr-80144-RS Document 92 Entered on FLSD Docket 11/14/2022 Page 2 of 3




            2022. It is anticipated that this trial will last until November 21 or 22, 2022.

        5. In addition to finalizing plea negotiations in the instant case, almost all the

            undersigned counsel’s time has been spent preparing for this week’s trial before

            Judge Middlebrooks. As such, counsel has not been able to begin preparing for trial

            on count 4 of Mr. Philossaint’s case.

        6. Until just a few days ago, counsel believed that Mr. Philossaint would plead guilty to

            all counts of the indictment this morning. As such, preparation for the trial was

            delayed.

        7. All other defendants have moved for a continuance of the currently scheduled trial.

        8. This case has not been continued previously.

        9. The undersigned counsel has discussed this matter with AUSA Marc Osborne, who

            has no objection to the requested continuance.

        10. Defendant agrees that the time of continuance is excludable under the Speedy Trial

            Act.   Further, the rights of the defendants and the public to a speedy trial are

            outweighed by the need for additional time by all defendants to prepare for trial.


        WHEREFORE, based upon the foregoing, defendant respectfully requests that the trial in

 this matter be continued.

                                 CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that the foregoing has been electronically filed and served on

 counsel for all parties via CM/ECF this 14th day of November, 2022.

                                               Respectfully submitted,

                                               LAW OFFICES OF IAN GOLDSTEIN P.A.
                                               Counsel for Defendant Philossaint
                                               330 Clematis Street, Suite 209

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Case 9:22-cr-80144-RS Document 92 Entered on FLSD Docket 11/14/2022 Page 3 of 3




                                    West Palm Beach, FL 33401
                                    Tel: (561) 600-0950
                                    Email: ian@iangoldsteinlaw.com

                                    /s/ Ian J. Goldstein
                                    IAN J. GOLDSTEIN, ESQUIRE
                                    Florida Bar No. 0085219




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