USA v. Quinonez-Soto et al

Middle District of Florida, flmd-8:2017-cr-00355-339530

Unopposed MOTION to Continue Sentencing by Brian Quinonez-Soto.

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PageID 332 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA vs. CASE NO: 8:17-Cr-355-T-35TGW BRIAN QUINONEZ-SOTO ________________________________/ DEFENDANT'S UNOPPOSED MOTION TO CONTINUE SENTENCING COMES NOW, Defendant, Brian Quinonez-Soto, by and through the undersigned attorney and files this Unopposed Motion to Continue Sentencing in the above-referenced matter, and in support thereof alleges the following: PROCEDURAL HISTORY On July 18, 2017, a Federal Grand Jury in Tampa returned a five-count Indictment against Mr. Quinonez-Soto. (Dkt. 1). On February 12, 2018, the Mr. Quinonez-Soto pled guilty to Count One of the Indictment which charged Mr. Quinonez-Soto with Conspiracy to Distribute and Possess with Intent to Distribute fifty-grams or more of methamphetamine in violation of 21 U.S.C. § § 846, 841(b)(1)(A) and 851(a)(1). Sentencing in this matter is currently scheduled for May 24, 2018 before the Honorable Mary S. Scriven, United States District Court Judge. PageID 333 LEGAL JUSTIFICATION Currently, Mr. Quinonez-Soto faces a statutory sentence of a minimum-mandatory twenty years (20) in prison up to a term of life in prison. Because of the nature of the offense of conviction and a prior state conviction in California, Mr. Quinonez-Soto is facing severe criminal sanctions in this matter. Based on the nature of the potential sentence in this matter, the undersigned attorney is asking for additional time prior to sentencing in this matter to allow the defense to continue to work towards a Motion pursuant to § 5K1.1 of the United States Sentencing Guidelines. POSITION OF THE UNITED STATES The undersigned has been in contact with Assistant United States Attorney, Gregory Nolan, who has advised that the United States has no objection to this continuance. Additionally, Mr. Nolan is in agreement that a three (3) month continuance should be a sufficient amount of time to accomplish the defense goals in this matter. MEMORANDUM OF LAW Pursuant to 18 U.S.C. § 3161(h)(8) and United States vs. McKay, 30 F.3d 1418 (11th Cir. 1994), an "ends-of-justice" excludable time period may be justified by need to complete the discovery process or for a continuance if the court expressly finds that the ends of justice is served because granting the continuance outweighs the best interest of the public in a speedy trial. United States vs. Davenport, 935 F.2d 1223 (11th Cir. 1991). United States v. QUINONEZ-SOTO CASE NO: 8:17-Cr-355-T-35TGW Defendant's Unopposed Motion to Continue Sentencing Page 2 of 3 PageID 334 WHEREFORE, based upon the above and foregoing reasons, the Defendant respectfully request that this Honorable Court continue the Sentencing Hearing currently scheduled on May 24 2018 and reschedule for a date in approximately three (3) months. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of the foregoing has been furnished by Electronic Filing to Elizabeth M. Warren, Clerk of the Court, U.S. District Court, Middle District of Florida, located at U.S. Courthouse, 801 N. Florida Ave., #223, Tampa, FL 33602-3800, and that e-mail notification of this filing will be sent to all interested persons on this 14th day of May, 2018. _____/s/ David E. Little___________ DAVID E. LITTLE, ESQUIRE Brown & Doherty, P.A. 450 Carillon Parkway, Suite 120 St. Petersburg, FL 33716 (727) 299-0099, Fax (727) 299-0044 FBN 0089124 United States v. QUINONEZ-SOTO CASE NO: 8:17-Cr-355-T-35TGW Defendant's Unopposed Motion to Continue Sentencing Page 3 of 3