Court filing — No. 7:23-cr-00035 (Dkt. 11, S.D.N.Y.)

Summary

A letter on Federal Defenders of New York letterhead to the Honorable Vincent Briccetti, United States District Judge, Southern District of New York, in United States v. Vivar-Castro, 23-cr-35 (VB). It requests that the Court adjourn the March 27, 2023 status conference for Mr. Vivar-Castro to April 4, 2023. The letter states that he was arrested on December 15, 2022, pleaded not guilty on February 2, 2023 to a one-count Indictment alleging Illegal Reentry, and that the parties are very close to finalizing a guilty plea. Assistant United States Attorney Qais Ghafary has no objection and will file a motion to exclude time under the Speedy Trial Act until April 4, 2023. The signature block names Rachel S. Martin, Assistant Federal Defender.

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Southern Distri
Feder al D efenders 81 Main sureel, Suite 300

OF NEWYORK,INC. White Plains, N.Y. 10601-4150
oe Tel: (914) 428-7124 Fax: (914) 948-5109

David E, Patton eee mi Southern District of New York
Executive Director mph ats val Jennifer L, Brown

BY ECF & E-MAIL

The Honorable Vincent Briccetti
United States District Judge
Southern District of New York
300 Quarropas Street

White Plains, New York 10601

tro, 23-cr-35 35 (VB) Sy St.

ést that the Court adjourn Mr. Vivar-Castro’s March 27,
4, 2023 at 10:30 a.m.

Re: United States v. Yanis Vivar-Ca

Dear Judge Briccetti:

I am writing to req
2023 appearance to Apy

By way of ackground, Mr. Vivar-Castro was arrested on December 15, 2022
pursuant to a QOmplaint. On February 2, 2023, Mr. Vivar-Castro pleaded not guilty
to a one-cournt Indictment alleging one count of Illegal Reentry, in violation of 8 U.S.C.
§ 1826. Mx Vivar-Castro is currently scheduled to appear before the Court for a
status cofference on March 27, 2023. The parties are very close to finalizing a guilty
plea. Vhus, I request that the Court move the status conference to April 4, 20238 at
a.m. On that day, Mr. Vivar-Castro intends to accept responsibility via Pimentel

Assistant United States Attorney Qais Ghafary has no objection to this
requested adjournment. Shortly, AUSA Ghafary will file a motion (and proposed
order) to exclude time under the Speedy Trial Act until April 4, 2023. Defense counsel
has no objection to that forthcoming motion.

Sincerely,

Rachel S. Martin
Assistant Federal Defender
cc: Qais Ghafary, AUSA


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