Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cr-00007-JBA

Document 1383

Filed 05/20/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. FAUSTO GONZALEZ May 19, 2005 Criminal No. 3:02CR007(JBA)

UNITED STATES' MOTION REQUESTING SENTENCING The United States requests herein that the Court (i) schedule a date on which defendant Fausto Gonzalez will be sentenced; (ii) schedule a new date for the defendant to file a memorandum in support of his motion for a new trial; and (iii) impose sentence prior to the resolution of his motion for new trial. In support of this motion the undersigned represents as follows: 1. On October 15, 2004, the defendant was convicted by jury. Because the

defendant is subject to mandatory life sentences, and because he was subject to the death penalty, the Court is obligated to sentence the defendant to life imprisonment (plus concurrent time for the gun charge) without the preparation of a presentence report. See 18 U.S.C. §§ 3594 & 3593(c). 2. On January 28, 2005, the defendant filed a Motion for New Trial. The

defendant requested permission to file a memorandum in support of his motion sometime after the trial transcripts were completed. On March 4, 2005, the Court ordered the defendant to file his memorandum by April 15, 2005.

Case 3:02-cr-00007-JBA

Document 1383

Filed 05/20/2005

Page 2 of 3

3.

On March 18, 2005, William Koch entered an appearance for the defendant, The defendant has yet to file a

and the defendant's previous counsel withdrew. memorandum in support of his motion for new trial. 4.

The defendant is a sentenced prisoner in New York State, and was brought

to Connecticut for prosecution pursuant to a federal detainer. The defendant is being incarcerated by the U.S. Marshals in Connecticut, pending the final disposition of his case. See Title 18, Appendix 2 (Interstate Agreement on Detainers), Article IV(e). Wherefore, based on the foregoing, the United States requests that the Court (i) schedule a date on which the defendant will be sentenced; (ii) schedule a date for the defendant to file the memorandum in support of his motion for a new trial; and (iii) impose sentence prior to the resolution of the motion for new trial. See Fed. R. App. P. 4(b). Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY /s/ DAVID A. RING ASSISTANT U. S. ATTORNEY 157 Church Street P.O. Box 1824 New Haven, Connecticut 06510 (203) 821-3700 Federal Bar No. CT14362

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Case 3:02-cr-00007-JBA

Document 1383

Filed 05/20/2005

Page 3 of 3

CERTIFICATION OF SERVICE This is to certify that the within and foregoing has been sent via first-class mail this 19th day of May, 2005, to: William Koch Law Offices 151 Brush Hill Rd. Lyme, CT 06371

/s/ DAVID A. RING ASSISTANT UNITED STATES ATTORNEY

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