USA v. Martinez
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. BRAULIO MARTINEZ, Defendant. ) ) ) ) ) Criminal No. 2018-3 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Sigrid Tejo-Sprotte, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Yohana M Manning St. Croix, U.S.V.I. For Braulio Martinez. ORDER GÓMEZ, J. Before the Court is the application of Braulio Martinez (“Martinez”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including November 1, 2018. While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically Case: 3:18-cr-00003-RAM-RM Document #: 27 Filed: 03/24/18 Page 1 of 3 United States v. Martinez Criminal No. 2018-3 Order finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to allow Martinez time to review discovery and investigate the charges against him. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-3_18-cr-00003/pdf/USCOURTS-vid-3_18-cr-00003-0.pdf
SHA-256 6286e2c54f39b2f36c6c8f88217d491b92af8a048a2fcf240cfd053d72ec096b
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-6286e2c54f39
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. BRAULIO MARTINEZ, Defendant. ) ) ) ) ) Criminal No. 2018-3 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Sigrid Tejo-Sprotte, AUSA United States Attorney’s Office St. Thomas, U.S.V.I. For the United States of America, Yohana M Manning St. Croix, U.S.V.I. For Braulio Martinez. ORDER GÓMEZ, J. Before the Court is the application of Braulio Martinez (“Martinez”) to waive his speedy trial. For the reasons stated herein, the time to try this case is extended up to and including November 1, 2018. While the Speedy Trial Act requires that defendants be tried within seventy days of indictment, the Court specifically Case: 3:18-cr-00003-RAM-RM Document #: 27 Filed: 03/24/18 Page 1 of 3 United States v. Martinez Criminal No. 2018-3 Order finds that extending this period would be in the best interest of justice for several reasons. First, an extension is necessary to allow Martinez time to review discovery and investigate the charges against him. Second, Martinez made his request with the advice and consent of counsel. Third, without an extension, Martinez would be denied reasonable time necessary to explore plea options and prepare for trial. 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." United States v. Fields, 39 F.3d 439, 444 (3d Cir. 1994); United States v. Dota, 33 F.3d 1179(9th Cir. 1994) ("An ends of justice continuance may be justified on grounds that one side needs more time to prepare for trial [even if the] case [i]s not ‘complex.’"); see also United States v. Lattany, 982 F.2d 866, 883 (3d Cir. 1992) ("[T]he district court did not abuse its discretion when it delayed the trial to give counsel . . . opportunity to . . . decid[e] upon and prepar[e] an appropriate defense."); United States v. Brooks, 697 F.2d 517, 522 (3d Cir. 1982) (holding there was no abuse of discretion where district court found that multiple count, multiple defendant "case was Case: 3:18-cr-00003-RAM-RM Document #: 27 Filed: 03/24/18 Page 2 of 3 United States v. Martinez Criminal No. 2018-3 Order complex and required additional time for adequate preparation."). The premises considered; it is hereby ORDERED that the time beginning from the date of this order granting an extension through November 1, 2018, shall be excluded in computing the time within which the trial for Braulio Martinez must be initiated pursuant to 18 U.S.C. § 3161. S\ Curtis V. Gómez District Judge Case: 3:18-cr-00003-RAM-RM Document #: 27 Filed: 03/24/18 Page 3 of 3