United States District Court, S.D. New York
January 5, 2005.
Guido Cuevas et al.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Dear Judge Kaplan:
We write to respectfully request an adjournment of the trial in
the above-referenced matter currently scheduled for January 10,
2005. The Government was informed this morning that an essential
witness for the Government, as well as a second potential
witness, are unavailable because of a newly-issued quarantine at
the Metropolitan Detention Center (the "MDC"). According to
information from the MDC (which is attached for the Court's
information), the current quarantine is expected to last until at
least January 24, 2005.
We have spoken to Eric Sears, Elizabeth Macedonio, and Patrick
Joyce, defense counsel for the three remaining defendants, and
they have informed the Government that they consent to the
Government's requested adjournment. In an effort to help the
Court determine an appropriate adjourned date for the trial in
the event that Your Honor approves the Government's request, Mr.
Sears requested that the Government inform the Court that he is
unavailable from January 25, 2005 through February 13, 2005 due
to state court commitments, and from February 18, 2005 through
February 28, 2005 due to personal commitments; Ms. Macedonio
requested that the Government inform the Court that she is
unavailable beginning March 28, 2005 for approximately three
weeks due to a trial before the Honorable Leonard D. Wexler,
Eastern District of New York, and for two weeks beginning April
25, 2005 due to two scheduled trials before the Honorable Chief
Judge Michael B. Mukasey and the Honorable Harold Baer, Jr.; and
Mr. Joyce requested that the Government inform the Court that he
is unavailable beginning January 31, 2005 for approximately four
weeks due to a trial before the Honorable Shira A. Scheindlin. With the consent of defense counsel, the Government
respectfully requests that in the event the Court grants the
requested adjournment, the time from today, January 5, 2005,
through the adjourned date for the trial, be excluded under the
Speedy Trial Act, pursuant to Title 18, United States Code,
Section 3161(h)(3) and, in the interests of justice, pursuant to
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