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Motion to Continue the September 21, 2022 Sentencing Hearing Due to a Medical Situation Affecting Defense Counsel’s Family Member — No. 1:22-cr-20039 (Dkt. 63, S.D. Fla.)

Summary

A sealed memorandum in support of an unopposed motion to continue the September 21, 2022 sentencing hearing, entered on the docket September 13, 2022 as Document 63 in United States v. Osvaldo Villegas-Rivera, Case No. 22-20039-CR-ALTONAGA, in the U.S. District Court for the Southern District of Florida. Defendant Villegas-Rivera, through counsel, asks the court to continue the sentencing set for 1:00 pm on September 21, 2022, giving reasons relating to the availability of lead defense counsel Francisco Rebollo. The memorandum states that an assistant U.S. attorney advised the government has no objection to the continuance.

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Cite this document

“Motion to Continue the September 21, 2022 Sentencing Hearing Due to a Medical Situation Affecting Defense Counsel’s Family Member — No. 1:22-cr-20039 (Dkt. 63, S.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-continue-the-september-21-2022-sentencing-hearing-due-to-a-m-409c33ec2c/, SHA-256 e1d60b5c622fab0ad7f0e0649d5ded0034eb553028f29e9f6a73aef72bce76f7.

Full text

Case 1:22-cr-20039-CMA Document 63 Entered on FLSD Docket 09/13/2022 Page 1 of 3




                      UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF FLORIDA
                                                                                 ABM
                        Case No.: 22-20039-CR-ALTONAGA
                                                                           Sep 13, 2022

  UNITED STATES OF AMERICA                                                          MIA




        v.                                     FILED UNDER SEAL

  OSVALDO VILLEGAS-RIVERA
                                      /

          SEALED MEMORANDUM IN SUPPORT OF UNOPPOSED
            MOTION TO CONTINUE THE SEPTEMBER 21, 2022
         SENTENCING HEARING DUE TO A MEDICAL SITUATION
           AFFECTING DEFENSE COUNSEL’S FAMILY MEMBER

        Defendant Osvaldo Villegas-Rivera, through the undersigned counsel, and

  most respectfully states and requests as follows:

        1.     Attorney Francisco Rebollo is lead counsel and has been preparing to

  appear for the defendant at his sentencing, currently scheduled for September 21,

  2022, at 1:00 pm.

        2.     On or about August 24, 2022, attorney Rebollo’s 84-year-old father, a

  retired Associate Justice of the Supreme Court of Puerto Rico (1982 to 2008), was

  diagnosed with cancer of the mouth (squamous cell carcinoma). Doctors in Puerto

  Rico propose surgical removal of the aggressive tumor located in the left maxilar

  region, immediate reconstructive surgery of his face, followed by radiation therapy.
Case 1:22-cr-20039-CMA Document 63 Entered on FLSD Docket 09/13/2022 Page 2 of 3




        3.     Justice Rebollo, who resides in Puerto Rico, initially sought medical

  attention locally, but delays in scheduling the surgery prompted him to seek

  treatment at the Dana Farber Cancer Institute in Massachusetts, which yesterday

  confirmed appointments for the three necessary medical evaluations (the medical

  oncologist, the surgical oncologist and the radiational oncologist) for Monday,

  September 19, 2022. The Rebollos expect that the surgery will be performed that

  same week and that Justice Rebollo will remain hospitalized in Boston for several

  days afterward.

        4.     Attorney Rebollo is primarily responsible for his father’s care. Attorney

  Rebollo is interfacing with the medical professionals, making critical decisions

  whether to have his father undergo the invasive procedures and course of treatment

  and arranging to travel with his father to Boston for the September 19, 2022,

  appointments. Attorney Rebollo plans to remain in Boston, at his father’s side,

  through the surgery and until his father has stabilized. Should the schedule change,

  attorney Rebollo would promptly notify the Court and the government.

        5.     So that attorney Rebollo can attend to his father’s serious medical

  situation, he asks that Villegas-Rivera’s September 21, 2022, sentencing be

  continued for at least 14 days.
Case 1:22-cr-20039-CMA Document 63 Entered on FLSD Docket 09/13/2022 Page 3 of 3




        6.       AUSA Emery advised that the government has no objection to the

  continuance.

                                       RESPECTFULLY SUBMITTED,

                                       BLACK SREBNICK
                                       201 S. Biscayne Blvd., Suite 1300
                                       Miami, Florida 33131
                                       Telephone: (305) 371-6421

                                       /s/ Howard Srebnick
                                       HOWARD SREBNICK, ESQ.
                                       Florida Bar No. 919063
                                       Email: HSrebnick@RoyBlack.com

                                       LAW OFFICES OF
                                       FRANCISCO REBOLLO-CASALDUC
                                       P.O. Box 195571
                                       San Juan, Puerto Rico 00919
                                       Tel. 787-765-0505

                                       s/Francisco Rebollo-Casalduc
                                       Francisco Rebollo-Casalduc
                                       USDC-PR No. 205603
                                       Email: RebolloLaw@gmail.com

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