Affirmation in Support of Application for Order of Continuance — United States v. al. (S.D.N.Y., Dkt. 12)

Summary

In this Affirmation in Support of Application for Order of Continuance, Assistant United States Attorney Jun Xiang asks the Court to continue the time within which a preliminary hearing would have to be conducted or an indictment or information filed as to Samuel Gonzalez Castro, Eferson Morillo-Gomez and Jarwin Valero-Calderon, in 24 Mag. 4180. The affirmation states that the defendants were charged in a complaint dated December 4, 2024, and that defense counsel and the Government have discussed a possible disposition but do not anticipate a resolution before the January 2025 preliminary hearing dates. The Government requests a continuance until February 4, 2025, and states that defense counsel confirmed by email that each defendant consented.

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        Case 1:25-cr-00041-DLC            Document 12    Filed 12/30/24      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

 SAMUEL GONZALEZ CASTRO,                                  24 Mag. 4180
   a/k/a “Klei,”
 EFERSON MORILLO-GOMEZ,
   a/k/a “Jefferson,” and
 JARWIN VALERO-CALDERON,
   a/k/a “La Fama,”

                            Defendants.


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

       Jun Xiang, 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 Edward Y. Kim, Acting

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 defendants was charged in a complaint dated December 4, 2024, with

violations of 18 U.S.C. §§ 371, 1951, 2119, 924(c), 924(o), and 2. Defendants EFERSON

MORILLO-GOMEZ and JARWIN VALERO-CALDERON were arrested on December 5, 2024,

and presented in this District on December 6, 2024, before Magistrate Judge Henry J. Ricardo.

MORILLO-GOMEZ is represented by Joanne Loughnane, Esq. and Michael Mann, Esq., and

VALERO-CALDERON is represented by Thomas Dunn, Esq.                        Defendant SAMUEL
           Case 1:25-cr-00041-DLC          Document 12       Filed 12/30/24      Page 2 of 3




GONZALEZ CASTRO was arrested on December 12, 2024 and presented in this District the same

day, before Magistrate Judge Robyn F. Tarnofsky. CASTRO is represented by Patrick Joyce,

Esq. All three defendants were ordered detained at the time of their presentments.

          3.       At the presentments of MORILLO-GOMEZ and VALERO-CALDERON on

December 6, 2024, the preliminary hearing deadline was scheduled for January 5, 2025, after

defense counsel consented to extend the deadline within which to conduct a preliminary hearing.

Under the Speedy Trial Act, the Government had until January 6, 2025 within which to file an

indictment or information. 1 See 18 U.S.C. § 3161(b). At the presentment of CASTRO on

December 12, 2024, the preliminary hearing deadline was scheduled for January 10, 2025, after

defense counsel consented to extend the deadline within which to conduct a preliminary hearing.

Under the Speedy Trial Act, the Government had until January 13, 2025 within which to file an

indictment or information. 2 See 18 U.S.C. § 3161(b).

          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

January 5, 2025, the preliminary hearing date for MORILLO-GOMEZ and VALERO-

CALDERON, or January 10, 2025, the preliminary hearing date for CASTRO.

          6.       Therefore, the Government requests a continuance, as to all three defendants, until

February 4, 2025—which is 30 days from the earlier preliminary hearing date of January 5, 2025—

to continue the foregoing discussions toward resolving this matter.           On December 20 and

23, 2024, I personally corresponded with defense counsel, who confirmed by email that each of




1
    January 5, 2025 falls on a weekend.
2
    January 11, 2025 falls on a weekend.
                                                    2
        Case 1:25-cr-00041-DLC          Document 12         Filed 12/30/24   Page 3 of 3




the three defendants consented to a 30-day extension of the preliminary hearing and Speedy Trial

Act deadlines and 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
       December 30, 2024


                                                  /s/ Jun Xiang
                                              Jun Xiang
                                              Assistant United States Attorney
                                              212-637-2289




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