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Affirmation in Support of Order of Continuance — United States v. Gonzalez Almonte, 24 Mag. 2703 (S.D.N.Y.)

Summary

An Affirmation in Support of Application for Order of Continuance, Document 10 in Case 1:24-mj-02703-UA (24 Mag. 2703), filed October 23, 2024, in the U.S. District Court for the Southern District of New York, in United States v. Yoheidy Jose Gonzalez Almonte. Adam Sowlati, an Assistant United States Attorney, declares that the complaint is dated July 25, 2024, and cites 21 U.S.C. §§ 841 and 846 and 18 U.S.C. § 2. The affirmation recounts continuances issued August 22, 2024 and September 23, 2024, each to allow further discussions about disposition. The Government requests a 30-day continuance until November 22, 2024, and the affirmation states that defense counsel reported the defendant's consent. It is dated October 22, 2024.

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“Affirmation in Support of Order of Continuance — United States v. Gonzalez Almonte, 24 Mag. 2703 (S.D.N.Y.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-24-mj-02703-dkt-10-s-d-n-y-170df059e8/, SHA-256 9f74abce98ae15fe7d3650da4dae1b595709a916e01bdc69d4bba346c8c74bb9.

Full text

        Case 1:24-mj-02703-UA             Document 10     Filed 10/23/24     Page 1 of 3




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 UNITED STATES OF AMERICA                                 Affirmation in Support of
                                                          Application for Order of
                        v.                                Continuance

 YOHEIDY JOSE GONZALEZ ALMONTE,                           24 Mag. 2703

                             Defendant.


State of New York                             )
County of New York                            : ss.:
Southern District of New York                 )

       Adam Sowlati, pursuant to Title 28, United States Code, Section 1746, hereby declares

under penalty of perjury:

       1.      I am an Assistant United States Attorney in the Office of Damian Williams, United

States Attorney for the Southern District of New York. I submit this affirmation in support of an

application for an order of continuance of the time within which a preliminary hearing would have

to be conducted or an indictment or information would have to be filed, pursuant to Rule 5.1(d) of

the Federal Rules of Criminal Procedure and 18 U.S.C. § 3161(h)(7)(A).

       2.      The defendant was charged in a complaint dated July 25, 2024, with violations of

21 U.S.C. §§ 841 and 846 and 18 U.S.C. § 2. The defendant was arrested on July 24, 2024, and

was presented in this District before Magistrate Judge Valerie Figueredo on July 25, 2024, at which

proceeding the defendant was represented by Samidh Jalem Guha, Esq. and Kelly McGee, Esq.,

and ordered detained.

       3.      At the presentment on July 25, 2024, a preliminary hearing was scheduled for

August 26, 2024, after defense counsel consented to extend the deadline within which to conduct
        Case 1:24-mj-02703-UA         Document 10       Filed 10/23/24       Page 2 of 3




a preliminary hearing. Under the Speedy Trial Act, the Government had until August 23, 2024,

within which to file an indictment or information. See 18 U.S.C. § 3161(b).

       4.     On August 22, 2024, the Honorable Ona T. Wang, United States Magistrate Judge,

issued a continuance of 30 days to September 23, 2024, to allow the parties to engage in further

discussions about the disposition of this case.

       4.     On September 23, 2024, the Honorable Katharine H. Parker, United States

Magistrate Judge, issued a continuance of 30 days to October 23, 2024, to allow the parties to

engage in further discussions about the disposition of this case.

       5.     Defense counsel and I have had discussions regarding a possible disposition of this

case. The parties plan to continue our discussions, but do not anticipate a resolution before

October 23, 2024.

       6.     Therefore, the Government requests a 30-day continuance until November 22,

2024, to continue the foregoing discussions toward resolving this matter. I personally

corresponded with defense counsel, who stated that the defendant consents to an extension of the

preliminary hearing and Speedy Trial Act deadlines to November 22, 2024, and has specifically

consented to this request.

       7.     For the reasons stated above, good cause supports the extension of the preliminary

hearing deadline, and the ends of justice served by the granting of the requested continuance

outweigh the best interests of the public and defendant in a speedy trial.

Dated: New York, New York
       October 22, 2024


                                            __________________________
                                            Adam Sowlati

                                                  2
Case 1:24-mj-02703-UA   Document 10    Filed 10/23/24     Page 3 of 3




                            Assistant United States Attorney
                            212-637-2438




                              3

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