United States District Court, S.D. New York
September 7, 2005.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Dear Judge Kaplan:
I represent Francisco Valentin on the above referenced matter.
I write to memorialize the schedule for the resentencing
proceeding and to request an assignment pursuant to the Criminal
Justice Act (CJA).
Mr. Valentin was originally sentenced by the Honorable Robert
J. Ward. The Court of Appeals remanded Mr. Valentin's case for
resentencing in light of United States v. Booker, ___ U.S. ___,
125 S.Ct. 738 (2005) and United States v. Crosby, 397 F.3d 103
(2d Cir. 2005), and it ordered Mr. Valentin's production in court
at the resentencing proceeding. The case was assigned to your
Honor. Resentencing was rescheduled for October 21, 2005 at 11:45
a.m., with a due date of October 10, 2005 for Mr. Valentin's
Please be advised that the resentencing date was changed from
September 16, 2005 to October 21, 2005 based upon my discussion
with Courtroom Deputy Andy Mohan on August 23, 2005. I requested
rescheduling because I will be on trial from September 7, 2005
through the end of the month. AUSA Katherine Failla, who is
handling the case for the government, is out of town until August
29, 2005. Although she has indicated that she is agreeable to
rescheduling the resentencing proceeding, I have not confirmed
with her the specific date of October 21st. Moreover, she may
request additional time to respond after the filing of my papers.
Should an adjustment of the schedule be requested by the
government, either myself or Ms. Failla will contact Chambers upon her return.
I also write to request an assignment pursuant to the CJA for
the resentencing proceeding. I was retained by Mr. Valentin's
family to represent him on appeal. However, the fee arrangement
did not include any post-appeal representation in the district
court. Mr. Valentin is incarcerated and does not have the funds
to hire private counsel to handle the resentencing. Nor, does Mr.
Valentin's family have the means to hire counsel. Submitted
herewith are affirmations from Mr. Valentin and his sister Nancy
Martinez attesting to Mr. Valentin's and his family's inability
to afford private counsel.
I am on the CJA Panel for the Southern District of New York. I
am fully familiar with the circumstances of Mr. Valentin's case
and am in the best position to represent him at the resentencing.
For the forgoing reasons and based upon the affirmations
submitted herewith it is requested that I be assigned pursuant to
the CJA to represent Mr. Valentin at the resentencing in the
Thank you for your consideration.
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