ORDER

WILLIAM B. SHUBB, District Judge.

On April 10, 2014, the court granted defendant Nelson Mauricio Ponce Vasquez's motion to dismiss the Indictment for violation of his Sixth Amendment right to a speedy trial. (Docket No. 111.) On April 21, 2014, the co-defendant in this case, Dionisio Robles Padilla, plead guilty to distribution of methamphetamine in violation of 28 U.S.C. § 841(a)(1). During the plea colloquy, Padilla told the court that he had called Vasquez at a number he had on a work order previously provided to him by Vasquez to request delivery of methamphetamine on August 18, 2010.

The government has now seized upon the statements made by Padilla in that colloquy to move for reconsideration of the court's April 10, 2014 Order. However, because Vasquez was not a party to that proceeding, he was neither present nor represented by counsel at that proceeding, nor does the court have any assurance that Padilla would give the same testimony, or any testimony for that matter, at trial if the court granted the government's motion for reconsideration. If the government wants to rely on Padilla's testimony in seeking reconsideration of the court's April 10, 2014 Order, the government must produce Padilla for an evidentiary hearing at which Vasquez is entitled to be present and Padilla may be subjected to cross-examination.

This matter is therefore set for evidentiary hearing on May 27, 2014, at 10:00 a.m. The government shall produce Padilla and make him available for cross-examination by Vasquez's attorney at that time. Vasquez's attorney shall also be permitted to call any other witnesses or produce any other exhibits in opposition to the government's motion.

IT IS SO ORDERED.