U.S. v. ZAMBRANA-REYES, 2:14-cr-103-GMN-VCF. (2015)
Court: District Court, D. Nevada
Number: infdco20151015b71
Visitors: 11
Filed: Sep. 09, 2015
Latest Update: Sep. 09, 2015
Summary: CAM FERENBACH , Magistrate Judge . Mr. Hector Fernando Zambrana-Reyes moves to sever his trial from his co-defendants' trial because, he asserts, the charges that his co-defendants face have "absolutely nothing to do with" the charges against Mr. Zambrana-Reyes. (Doc. #179 at 8:3). If Mr. Zambrana-Reyes is tried alongside his co-defendants, he contends that he will be found "guilt[y] by association." ( Id. at 5:20). The government obtained seven stipulations to extend the time to oppose Mr
Summary: CAM FERENBACH , Magistrate Judge . Mr. Hector Fernando Zambrana-Reyes moves to sever his trial from his co-defendants' trial because, he asserts, the charges that his co-defendants face have "absolutely nothing to do with" the charges against Mr. Zambrana-Reyes. (Doc. #179 at 8:3). If Mr. Zambrana-Reyes is tried alongside his co-defendants, he contends that he will be found "guilt[y] by association." ( Id. at 5:20). The government obtained seven stipulations to extend the time to oppose Mr...
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CAM FERENBACH, Magistrate Judge.
Mr. Hector Fernando Zambrana-Reyes moves to sever his trial from his co-defendants' trial because, he asserts, the charges that his co-defendants face have "absolutely nothing to do with" the charges against Mr. Zambrana-Reyes. (Doc. #179 at 8:3). If Mr. Zambrana-Reyes is tried alongside his co-defendants, he contends that he will be found "guilt[y] by association." (Id. at 5:20).
The government obtained seven stipulations to extend the time to oppose Mr. Zambrana-Reyes' motion. An opposition was due on August 24, 2015. See (Doc. #228). On September 8, 2015, the court held a hearing on the motion and the government indicated that it did not intent to oppose the motion. To date, the motion stands unopposed.1 Therefore, the court recommends granting Mr. Zambrana-Reyes' motion to sever his trial from his co-defendant's trial.
ACCORDINGLY, and for good cause shown,
IT IS RECOMMENDED that Mr. Zambrana-Reyes' Motion to Sever (#179) be GRANTED.
IT IS SO RECOMMENDED.
FootNotes
1. "The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion." LR 7-2(d); see also Fed. R. Crim. P. 57 (permitting the court to "regulate practice in any manner consistent with . . . the local rules of the district").
Source: Leagle
