Order — United States v. Raynaldo Oquendo, No. 3:24-cr-0018 (Dkt. 24, D.V.I.)

Summary

This order, Document 24 filed December 31, 2024 in United States v. Raynaldo Oquendo, Case No. 3:24-cr-0018 in the District Court of the Virgin Islands, Division of St. Thomas and St. John, is signed by Chief Judge Robert A. Molloy. It rules on the parties' Joint Motion to Continue Trial and Pretrial Deadlines (ECF No.23), which cites discovery produced on December 16, 2024 and ongoing plea discussions, granting it in part and denying it in part. It notes the August 7, 2024 indictment charging wire fraud conspiracy under 18 U.S.C. § 1349 and wire fraud under 18 U.S.C. § 1343. The order excludes time through March 3, 2025 under 18 U.S.C. § 3161, sets pretrial motions by February 7, 2025 and readiness notices and pre-trial briefs by February 21, 2025, and moves jury selection and trial from January 27, 2025 to March 3, 2025.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case: 3:24-cr-00018-RAM-GAT Document #: 24 Filed: 12/31/24 Page 1 of 3

IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 3:24-cr-0018
)
RAYNALDO OQUENDO, )
)
Defendant. )

ORDER
BEFORE THE COURT is the parties’ Joint Motion to Continue Trial and Pretrial
Deadlines. (ECF No.23). For the reasons stated herein, the Court will continue the trial in this
matter until March 3, 2025. The Court finds that the time beginning from the date of this
Order through March 3, 2025, shall be excluded in computing the time within which the trial
in this matter must be initiated.
On August 7, 2024, a grand jury Indictment charged Raynaldo Oquendo (“Oquendo”)
with Count One, Wire Fraud Conspiracy in violation of 18 U.S.C. § 1349, and Count Two, Wire
Fraud in violation of 18 U.S.C. § 1343. Oquendo was arraigned on November 25, 2024.
The parties seek a 60-day continuance of all pretrial deadlines and the trial date
because the Government produced a large amount of discovery on December 16, 2024, and
counsel requires additional time to review discovery and consult with Defendant on any
potential pretrial motions. Additionally, the parties have entered plea discussions and
require time to negotiate the potential plea agreement that would resolve the case outside
of a trial.
While the Speedy Trial Act (the “Act”) requires that defendants be tried within
seventy days of indictment, the Act specifically excludes:
[a]ny period of delay resulting from a continuance granted by any judge on his
own motion or at the request of the defendant or his counsel or at the request
of the attorney for the Government, if the judge granted such continuance on
the basis of his findings that the ends of justice served by taking such action
outweigh the best interest of the public and the defendant in a speedy trial.
Case: 3:24-cr-00018-RAM-GAT Document #: 24 Filed: 12/31/24 Page 2 of 3
United States v. Oquendo
Case No. 3:24-cr-0018
Order
Page 2 of 3

18 U.S.C. § 3161(h)(7)(A). Consistent with these concerns, the United States Court of Appeals
for the Third Circuit has recognized that “whether or not a case is ‘unusual’ or ‘complex,’ an
‘ends of justice’ continuance may in appropriate circumstances be granted,” including “to
permit plea negotiations to continue.” United States v. Fields, 39 F.3d 439, 444-45 (3d Cir.
1994).
Although the discovery deadline in this case expired on December 16, 2024, the
parties failed to show good cause as to why they filed this motion after the deadline has
passed. The Court finds that the ends of justice served by extending the period in which the
trial must begin in this matter outweigh the best interest of the public and the defendant in
a speedy trial. Here, an extension of time is necessary to allow sufficient time for Oquendo to
consult with his attorney about any potential pretrial motions and to continue plea
negotiations with the Government. The premises considered, it is hereby
ORDERED that the time beginning from the date of this order granting an extension
through March 3, 2025, shall be excluded in computing the time within which the trial in this
matter must be initiated pursuant to 18 U.S.C. § 3161; it is further
ORDERED that the parties’ Joint Motion to Continue Trial and Pretrial Deadlines, ECF
No.23, is GRANTED in part and DENIED in part; it is further
ORDERED that any pretrial motion SHALL be filed no later than February 7, 2025; it
is further
ORDERED that the parties SHALL file their respective notices of readiness for trial
no later than February 21, 2025; it is further
ORDERED that the parties SHALL file and serve a pre-trial brief no later than
February 21, 2025, which shall include the following: (a) proposed list of witnesses; (b)
proposed list of exhibits; (c) estimated length of case-in-chief and case-in-defense; (d)
proposed non-standard voir dire questions; (e) proposed non-standard jury instructions
related to the elements of the charges and defenses; and (f) whether there are any discovery
issues outstanding; it is further
Case: 3:24-cr-00018-RAM-GAT Document #: 24 Filed: 12/31/24 Page 3 of 3
United States v. Oquendo
Case No. 3:24-cr-0018
Order
Page 3 of 3

ORDERED that the parties SHALL provide the Clerk of Court with a USB Flash Drive
containing electronic versions of exhibits no later than February 26, 2025; 1 and it is further
ORDERED that the Jury Selection and Trial in this matter previously scheduled for
January 27, 2025, are CONTINUED to commence promptly at 9:00 A.M. on March 3, 2025, in
St. Thomas Courtroom 1.

Dated: December 31, 2024 /s/ Robert A. Molloy
ROBERT A. MOLLOY
Chief Judge

1 Counsel are advised to consult with Court technical staff to determine the proper format for saving electronic

versions of exhibits. The Government’s trial exhibits shall be labelled sequentially beginning with Government’s
Exhibit 1. Defense exhibits shall be labelled sequentially beginning with Defense Exhibit A.

File and source

File: gov.uscourts.vid.40266.24.0.pdf
Size: 146,145 bytes
SHA-256: 3a5465931db78546c0e7ab96959b66a4af21adad3fe58d19e1cfb936afb92ad1
Our copy: gov.uscourts.vid.40266.24.0.pdf
Original: archive.org