MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE: RULE 11(b) GUILTY PLEA HEARING MARSHAL D. MORGAN , Magistrate Judge . I. Procedural Background On September 19, 2019, defendant Fermin Encarnacion Morillo was charged in a single count indictment. He agrees to plead guilty to Count One. Count One charges that on or about September 8, 2019, near Aguadilla, Puerto Rico, in the District of Puerto Rico, Fermin Encarnacion Morillo, an alien who has been previously removed from the United...
REPORT AND RECOMMENDATION CAMILLE L. VELEZ-RIVE , Magistrate Judge . Defendant H ctor Enrique Brito-Guerrero [2] was charged in a two count Indictment and he agreed to plead guilty to Count One of the Indictment. Count One charges Defendant with a conspiracy to possess with the intent to distribute five (5) kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, on board a vessel subject to the jurisdiction of the United...
REPORT AND RECOMMENDATION CAMILLE L. VELEZ-RIVE , Magistrate Judge . Defendant Jos Reyes-Nev rez [13] was charged in several counts of the Second Superseding Indictment and he agreed to plead guilty to Count One of the Second Superseding Indictment. Count One charges Defendant, along with others, with conspiring to violate the Racketeer Influenced and Corrupt Organizations Act, in violation of Title 18, United States Code , Section 1962(d). On December 2, 2019, Defendant appeared before...
REPORT AND RECOMMENDATION ON PLEA OF GUILTY SILVIA CARRE O-COLL , Magistrate Judge . I. PROCEDURAL BACKGROUND On September 12, 2019, defendant Domingo Mercedes-Nieves was charged in a single-count indictment. On November 26, 2019, the defendant, assisted by the court interpreter, appeared before me and agreed to plead guilty to count one of the indictment. See United States v. Woodard, 387 F.3d 1329 (11th Cir. 2004) (holding that a magistrate judge may, with the defendant's consent,...
OPINION AND ORDER FRANCISCO A. BESOSA , District Judge . This case began when Integrand Assurance Co. ("Integrand"), an insurer, filed suit against Puma Energy Caribe, LLC ("Puma"), its insured. See Docket No. 1. After Puma removed the case to this Court, id. , Puma answered and asserted counterclaims against Integrand, (Docket No. 12.) Later, Puma moved for judgment on the pleadings. (Docket No. 43.) Puma also moved to dismiss Integrand's complaint for a failure to comply with this...
OPINION AND ORDER FRANCISCO A. BESOSA , UNITED STATES DISTRICT JUDGE . Before the Court is defendant Miguel Agosto-Pacheco ("Agosto")'s motion to dismiss the indictment against him pursuant to the Speedy Trial Act ("STA"), 18 U.S.C. 3161 et seq. (Docket No. 300.) For the reasons set forth below, Agosto's motion to dismiss is DENIED. I. Background This criminal action concerns an alleged international drug-trafficking organization. On February 8, 2018, a grand jury returned an...
MEMORANDUM AND ORDER PEDRO A. DELGADO-HERN NDEZ , District Judge . Before the court is defendants' "Motion to Dismiss for Violation of the Double Jeopardy Clause" (Docket No. 257), which the government opposed (Docket No. 260). Defendants replied (Docket No. 261). For the reasons explained below, the motion is DENIED. I. PROCEDURAL HISTORY On March 15, 2016, defendants were charged in a two-count indictment with conspiracy to possess with the intent to distribute 100 kilograms or...
OPINION AND ORDER RA L M. ARIAS-MARXUACH , District Judge . Pending before the Court are the following motions: Defendant Aldo Pimentel-Ram rez's ("Mr. Pimentel" or "Defendant") Motion Requesting De Novo Review of Bail (Docket No. 15) and the United States' Response to Motion for DeNovo Hearing on Defendant's Detention (Docket No. 23). For the reasons explained below, Defendant shall remain detained awaiting trial. I. BACKGROUND On November 13, 2019, U.S Customs and Border...
OPINION AND ORDER RA L M. ARIAS-MARXUACH , District Judge . Pending before the Court is co-defendant Mennonite General Hospital, Inc.'s ("Defendant" or "the Hospital") Motion Requesting Stay and/or Abstention of Supplemental Jurisdiction Claims. (Docket No. 55). Essentially, Defendant requests that this Court abstain from considering the medical malpractice claims against the Hospital pursuant to the Colorado River abstention doctrine because Plaintiff Ang lica Gonz lez-Berrios is...
OPINION AND ORDER BESOSA , District Judge . Defendant Alejandro Carrasco-Castillo ("defendant") moved to admit into evidence, pursuant to Federal Rules of Evidence 201, 901, and 902, a certification that attorney El as S nchez-Sifontes ("S nchez") was not admitted to practice law in Puerto Rico until 2013. See Docket No. 378 at p. 156; see also Docket Nos. 372 and 373. The Court orally indicated that the motion was denied and that a written opinion would be issued. The reasons for the...
OPINION AND ORDER MARCOS E. LOPEZ , Magistrate Judge . Pending before the court is Rosa Valent n Martell's ("Plaintiff") appeal from the decision of the Commissioner of Social Security ("the Commissioner") denying her application for disability benefits under the Social Security Act. ECF No. 20. Plaintiff contends that the administrative law judge did not properly evaluate all of her alleged impairments, and therefore, did not present the vocational expert with an accurate hypothetical at...
OPINION AND ORDER GRANTING THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO'S MOTION TO DISMISS LAURA TAYLOR SWAIN , District Judge . Before the Court is The Financial Oversight and Management Board for Puerto Rico's Motion to Dismiss Counts I and II of the Complaint with Prejudice, and to Dismiss Without Prejudice or to Stay Count III (Docket Entry No. 46 in Civil Case No. 19-1474, 1 the "Motion"), filed by the Financial Oversight and Management Board for Puerto Rico (the "...
MEMORANDUM AND ORDER BESOSA , District Judge . Before the Court is defendant Jorge Molina-Larri n ("Molina")'s motion for a bill of particulars pursuant to Federal Rule of Criminal Procedure 7(f). (Docket No. 2295.) Molina also moves for advanced notice pursuant to Federal Rule of Evidence 404(b) ("Rule 404(b)"). (Docket No. 2217.) For the reasons set forth below, Molina's motions for a bill of particulars and advanced notice are both DENIED. I. Bill of Particulars On December 8, 2017,...
OPINION AND ORDER BESOSA , District Judge . Before the Court is defendant Miguel ngel Agosto-Pacheco ("Agosto")'s motion to exclude evidence pursuant to Federal Rule of Evidence 404(b) ("Rule 404(b)"). (Docket No. 290.) For the reasons set forth below, Agosto's motion in limine is DENIED without prejudice. I. Background This criminal action concerns an alleged international drug-trafficking organization. On February 8, 2018, a grand jury returned an indictment charging Agosto, Jerry...
AMENDED OPINION AND ORDER Daniel R. Dom nguez , United States District Judge . Pending before the Court is Plaintiffs, Camarero Racetrack Corp., and Confederaci n H pica de Puerto Rico, Inc.'s Motion for Summary Judgment. See Docket No. 248. Defendants/Counter-Plaintiffs, Confederaci n de Jinetes Puertorrique os, Inc. filed its respective opposition thereto. See Docket No. 258. Thereupon, a Reply and Surreply were filed by Plaintiffs and Defendants/Counter-Plaintiffs, respectively....
OPINION AND ORDER BESOSA , District Judge . Hurricane Mar a destroyed the parties' wind-powered electric generation project. Their business relationship is also in shambles. One side tells a story of an extortionist landlord blocking reconstruction of the project until it receives sums to which it has no entitlement. The other depicts a deadbeat tenant aligned with a designing bank who are trying to puncture property rights and contravene contractual bargains. As their tales whistle...
OPINION AND ORDER BESOSA , District Judge . Plaintiffs Mark Blankenship, Dale MacGillivray, Francisco Gonz lez-Rios, and ngel Febres-Alm stica, in their capacity as the Board of Trustees for the ILA PRSSA Pension Fund (hereinafter, "Board of Trustees") commenced a civil action pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. 1381 et seq. (...
MEMORANDUM & ORDER YOUNG , D.J. * I. INTRODUCTION These motions to compel arbitration arise from the bankruptcy proceeding of a Puerto Rico law firm, Fiddler, Gonz lez & Rodr guez, P.S.C. The firm's chapter 7 trustee has filed an adversary complaint against nine former directors and officers of the firm, some of whom now move to compel arbitration pursuant to an arbitration clause found in the firm's by-laws. Because the arbitration clause does not bind the trustee with respect to...
OPINION AND ORDER MARCOS E. L PEZ , Magistrate Judge . Pending before the court is Dalila Agosto's ("Plaintiff") appeal from the decision of the Commissioner of Social Security ("the Commissioner") denying her application for disability benefits under the Social Security Act. ECF Nos. 1, 8. Plaintiff challenges the Commissioner's finding that she is not entitled to disability benefits following a redetermination review. Plaintiff alleges that the administrative law judge erred in his...
REPORT AND RECOMMENDATION CAMILLE L. VELEZ-RIVE , Magistrate Judge . Defendant Jos Luis Vilorio-Polanco [3] was charged in a two count Indictment and he agreed to plead guilty to Count One of the Indictment. Count One charges Defendant with a conspiracy to possess with the intent to distribute five (5) kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II, Narcotic Drug Controlled Substance, on board a vessel subject to the jurisdiction of...
