U.S. v. FUENTES-FLORES, 2:14-cr-66-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20141204930
Visitors: 14
Filed: Dec. 03, 2014
Latest Update: Dec. 03, 2014
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on the Defendant, Julian Fuentes-Flores' Motion for Miscellaneous Relief and Reconsideration of the Court's Order Denying His Motion to Dismiss ( Doc. #41 ) filed on December 1, 2014. On November 26, 2014, the Court denied the Defendant's Motion to Dismiss as untimely filed based upon the Court's Scheduling Order. The Defendant now moves the Court to reconsider the Order (Doc. #39) and review the Motion to Dism
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on the Defendant, Julian Fuentes-Flores' Motion for Miscellaneous Relief and Reconsideration of the Court's Order Denying His Motion to Dismiss ( Doc. #41 ) filed on December 1, 2014. On November 26, 2014, the Court denied the Defendant's Motion to Dismiss as untimely filed based upon the Court's Scheduling Order. The Defendant now moves the Court to reconsider the Order (Doc. #39) and review the Motion to Dismi..
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ORDER1
SHERIPOLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Defendant, Julian Fuentes-Flores' Motion for Miscellaneous Relief and Reconsideration of the Court's Order Denying His Motion to Dismiss (Doc. #41) filed on December 1, 2014. On November 26, 2014, the Court denied the Defendant's Motion to Dismiss as untimely filed based upon the Court's Scheduling Order. The Defendant now moves the Court to reconsider the Order (Doc. #39) and review the Motion to Dismiss on the merits.
As grounds, the Defendant states he did not obtain the information vital to his Motion to Dismiss until November 17, 2014. Specifically, the Defendant's Counsel states that he did not know that the initial deportation order from May of 1999 was issued to the Defendant when he was a 17 year old minor. The Defendant filed his Motion to Dismiss on November 24, 2014, only eight days after discovering the new information. Based upon the Defendant's argument in his brief, the Court finds good cause to grant the reconsideration.
Accordingly, it is now ORDERED:
The Defendant, Julian Fuentes-Flores' Motion for Miscellaneous Relief and Reconsideration of the Court's Order Denying His Motion to Dismiss (Doc. #41) is GRANTED.
1. The Clerk of the Court is directed to change the status of the Defendant's Motion to Dismiss (Doc. #38) and show the Motion as pending on the docket sheet.
2. The United States is directed to file a Response to the Motion to Dismiss (Doc. #38) on or before December 17, 2014.
3. The case is continued until the January 2015 trial term, commencing January 5, 2015. After considering all the factors, including those set forth in 18 U.S.C. § 3161(h)(7)(B), and for the reasons stated above, the Court finds that the ends of justice served by granting such a continuance outweigh the best interest of the public and the Defendant in a speedy trial. The Court, therefore, determines that the time from today until the end of the January 2015 trial term shall be `excludable time" pursuant to 18 U.S.C. § 3161(h).
DONE AND ORDERED.
FootNotes
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Source: Leagle
