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Case 2:23-cr-00002-RFB-VCF Document 160 Filed 12/08/23 Page 1 of 6
1 THE REYNAL LAW FIRM
F. ANDINO REYNAL
2 Admitted Pro Hoc Vice
917 Franklin St., Sixth Floor
3 Houston, Texas 77002
Phone: (713) 228-5900
4 Email: areynal@frlaw.us
Attorneys for the Luigi Montes
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UNITED STATES DISTRICT COURT
6 DISTRICT O F NEVA D A
7 UNITED STATES OF AMERICA, Case No. 23-cr-00002-RFB-VCF
8 Plaintiff, Stipulation to Continue Sentencing
(Second Request)
9 V.
10 LUIGI J. MONTES,
11 Defendant.
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13 IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson
14 United States Attorney for the District of Nevada, and Jim Fang, Assistant United States Attorney,
15 and F. Andino Reynal, counsel for Defendant Luigi Montes, that the sentencing hearing currently
16 scheduled for January 5, 2023, at 9:15 a.m. (ECF No. 157) is continued for no sooner than 14 days,
17 to a date and time convenient to this Court. This stipulation is made and based upon the following:
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1. Mr. Montes entered a change of plea on February 16, 2023, pleading guilty to Count One
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of the Criminal Information, Conspiracy to Commit Mail Fraud in violation of 18 U.S.C.
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§1341. ECF Nos. 102.
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2. Sentencing is currently scheduled for January 5, 2023, at 9:15 a.m., ECF No. 157.
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3. Probation released its draft PSR on April 25, 2023.
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4. Counsel for Mr. Montes is set for final pretrial conference in United States v. Nicole
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Buitrago-Diaz, 1:21-cr-0058 (E.D. Tex.) on January 4, 2023, and the case has been placed
Case 2:23-cr-00002-RFB-VCF Document 160 Filed 12/08/23 Page 2 of 6
1 on the trial docket for the following week. Jury selection and trial will begin in Beaumont,
2 Texas at the court's convenience.
3 5. Mr. Montes is on release and does not oppose the continuance request.
4 6. This is the fourth request for a continuance of the sentencing hearing.
5 7. The additional time requested herein is sought in good faith and not for purposes of delay.
6 8. The additional time requested by this stipulation is reasonable pursuant to Fed. R. Crim. P.
7 32(b)(2), which states that the "court may, for good cause, change any time limits
8 prescribed [for sentencing] in this rule." Furthermore, a delay in sentencing does not
9 implicate or undermine the defendant's speedy trial rights under the United States
10 Constitution, which terminated upon conviction. See Betterman v. Montana, 136 S.Ct.
11 1609, 1617-18 (2016).
12 9. Denial of this request for continuance would deny counsel for Mr. Montes sufficient time
13 to effectively and thoroughly prepare for sentencing and would conflict with his obligations
14 in United States v. Nicole Buitrago-Diaz, taking into account due diligence. Accordingly,
15 a denial of this request for continuance could result in a miscarriage of justice.
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DATED this 7th day of December, 2023.
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I s l Jim Fang. s l F. Andino Rrynal
19 Assistant U.S. Attorney F. Andino Reynal, ESQ.
Counselfor the United States Counselfor Defendant Montes
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Case 2:23-cr-00002-RFB-VCF Document 160 Filed 12/08/23 Page 3 of 6
1 CERTIFICATE OF ELECTRONIC SERVICE
2 The undersigned hereby certifies that on the 7th day of December, 2023, a copy of this
3 motion was served on all counsel of record by the Court's ECF service.
4 I sf F. Andino Reynal
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Case 2:23-cr-00002-RFB-VCF Document 160 Filed 12/08/23 Page 4 of 6
1 UNITED STATES DISTRICT COURT
DISTRICT O F NEVA D A
2
UNITED STATES OF AMERICA,
3 Case No. 23-cr-00002-RFB-VCF
Plaintiff,
4 FINDINGS O F FACT,
V. CONCLUSIONS O F LAW, AND
5 ORDER.
LUIGI J. MONTES,
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Defendant.
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FINDINGS O F F ACT AND CONCLUSIONS O F L A W
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Based on the pending stipulation of counsel, and good cause appearing therefore, the Court
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finds that:
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12 I. Mr. Montes entered a change of plea on February 16, 2023, pleading guilty to Count One
13 of the Criminal Information, Conspiracy to Commit Mail Fraud in violation of 18 U.S.C.
14 §1341. ECF Nos. 102, 103.
15 2. Sentencing is currently scheduled for January 5, 2023, at 9:00 a.m., ECF No. 157.
16 3. Defense counsel has conflicting responsibilities in United States v. Nicole Buitrago- Diaz,
17 1:21-cr-0058 (E.D. Tex.), which is set for final pre-trial conference on January 4, 2023.
18 4. Mr. Montes is on release and does not oppose the continuance request.
19 5. This is the fourth request for a continuance of the sentencing hearing.
20 6. The additional time requested herein is sought in good faith and not for purposes of delay.
21 7. The additional time requested by this stipulation is reasonable pursuant to Fed. R. Crim. P.
22 32(b)(2), which states that the "court may, for good cause, change any time limits
23 prescribed [for sentencing] in this rule." Furthermore, a delay in sentencing does not
24 implicate or undermine the defendant's speedy trial rights under the United States
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Case 2:23-cr-00002-RFB-VCF Document 160 Filed 12/08/23 Page 5 of 6
1 Constitution, which terminated upon conviction. See Betterman v. Montana, 136 S.Ct.
2 1609, 1617-18 (2016).
3 8. Denial of this request for continuance would deny counsel for Mr. Montes sufficient time
4 to effectively and thoroughly prepare for sentencing and would conflict with his obligations
5 in United States v. Nicole Buitrago-Diaz, taking into account due diligence. Accordingly,
6 a denial of this request for continuance could result in a miscarriage of justice.
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Case 2:23-cr-00002-RFB-VCF Document 160 Filed 12/08/23 Page 6 of 6
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2 ORDER
3 Based upon the stipulation of the parties, and good cause appearing, it is hereby
4 ORDERED that Mr. Montes' sentencing hearing currently scheduled January 5, 2023, at 9: 15
5 a.m., be VACATED.
6 IT IS FURTHER ORDERED that the sentencing hearing is reset
7 for February 8, 2024 at 10:00 a.m. before the Honorable Richard F Boulware, in Courtroom 7C, Las
8 Vegas, Nevada.
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11 DATED: December 8, 2023
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THE HONORABLE RICHARD F. BOULWARE
13 UNITED STATES DISTRICT JUDGE
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