Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cr-00007-JBA

Document 1386

Filed 06/02/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES VS. FAUSTO GONZALEZ : : : CRIM. NO. 3:02CR007(JBA) MAY 31, 2005

Response to Government's Motion Requesting Sentencing The Defendant, Fuasto Gonzalez, by his undersigned counsel, hereby responds to the government's motion requesting sentencing dated May 19, 2005 as follows: 1.) As the government notes, I filed an appearance in this matter on March 18, 2005. 2.) My preference in this situation is for the court to rule on a defendant's supplemental motion for a new trial with memorandum prior to sentencing Mr. Gonzalez. 3.) Since filing my appearance in this case, I have met with Mr. Gonzalez and obtained and read the entire trial transcript. 4.) I have also reviewed the motion for a new trial filed in this matter by Shelly Sadin, Esq., one of Mr. Gonzalez's trial lawyers. Paragraph 12 (f) of the motion for a new trial filed by Attorney Sadin references actions she questions that occurred during the jury selection process. I ordered the transcripts of those proceedings on March 24, 2005, but have not yet received them. 5.) I will not be prepared to file a supplemental motion for a new trial until I receive and review the jury selection transcripts that have been ordered. 6.) Once I have received the transcripts I should be able to prepare and file a supplemental motion for a new trial with a memorandum within ten (10) days. 7.) I am scheduled to start a criminal drug conspiracy jury trial before Judge Hall on June

Case 3:02-cr-00007-JBA

Document 1386

Filed 06/02/2005

Page 2 of 2

20, 2005. 8.) I am scheduled to start a state habeas trial in the matter of Christopher Hafford v. Warden, in the Judicial District of New Haven on June 30, 2005. 9.) I am scheduled to start a state habeas trial in the matter of Timothy Solek v. Warden, in the Judicial District of New Haven on July, 27, 2005. Wherefore, based upon the foregoing, I respectfully request that 1.) a date for the defendant to file a supplemental motion for a new trial with memorandum be scheduled by the parties in conjunction with the Court after I have received the transcripts that have been ordered; 2.) that Mr. Gonzalez be sentenced after the Court rules on the motion for a new trial. Respectfully submitted, By___________________ __________ William T. Koch, Jr. ct Bar#04781 151 Brush Hill Road Lyme, CT 06371 (860) 434-3060/ Fax (860) 434-9483 e-mail: [email protected] Certification of Service I hereby certify that I mailed a copy of the within to the following on May 31, 2005: Office of the U.S. Attorney ATT: David A. Ring, AUSA 157 Church Street PO Box 1824 New Haven, CT 06510 By_________________________________ William T. Koch, Jr.