Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 1217

Download PDF
M o t i o n Picture Association of America v. CrystalTech Web Hosting Inc. D o c . 1217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D A N I E L G. KNAUSS U n ite d States Attorney D is tr ic t of Arizona F r e d r i c k A. Cocio A s s is ta n t U.S. Attorney 4 0 3 5 South Avenue A Y u m a , AZ 85365 A r iz o n a State Bar No. 019428 T e le p h o n e (928) 344-1087 f r e d .c o c i o @ u s d o j . g o v U N I T E D STATES DISTRICT COURT D IS T R IC T OF ARIZONA U n ite d States of America M A G IS T R A T E NO. 07-8104M P l a in tif f , v. A le ja n d ro Preciado-Ibarra, D e f e n d a n t. T h e United States of America, by and through undersigned counsel, hereby responds to d e f en d a n t's Motion to Extend Time in Which to Indict. For the reasons set forth below, the g o v e rn m e n t believes the extension of time for 30 days is in the interests of justice. 1 . Public records on file with the Administrative Office for the United States Courts reveal th a t, for each of the last four years, immigration case filings have exceeded 2,000 defendants in th e District of Arizona. 1/ During each of those time periods, the immigration filings in Arizona w e re the highest in the entire Ninth Circuit. 2 . Due to the high number of cases and limited resources, particularly in the areas of pretrial d e te n tio n space and availability of judicial officers to accommodate the numerous hearings re q u ire d in a normal criminal case, the United States Attorney has developed an early disposition p ro g ra m for immigration cases authorized by the Attorney General pursuant to the PROTECT A C T of 2003 which is designed to: G O V E R N M E N T 'S RESPONSE TO M O T I O N TO EXTEND TIME IN W H I C H TO INDICT For the twelve month period ending March 31, 2003, the Administrative Office re p o rts 2,496 defendants were charged. For the same period ending March 31, 2004, the number in c re a se d to 2,554 defendants charged. The numbers decreased slightly for the periods ending M arc h 31, 2005 (2,422 defendants charged) and March 31, 2006 (2,292 defendants charged). 1/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a . Reduce the number of hearings required in order to dispose of a criminal case. b . Avoid having more cases than the judicial system can effectively handle added to the D is tr ic t Court trial calendar, while still discharging our duty to prosecute federal crimes. c . Ameliorate the pre-trial detention space shortage by reducing the amount of time b e tw e e n complaint and sentencing. d . Avoid having to empanel additional grand juries to seek indictments in immigration c a se s, and thus avoid those additional costs to the Court. 3 . To accomplish these goals, the United States Attorney provides discovery at the outset o f the case to defendants charged with violations of 8 U.S.C. 1326. An early plea agreement is offered pursuant to U.S.S.G. 5K3.1 that substantially departs below the sentencing guidelines if defendant enters a guilty plea and agrees to waive a number of hearings. However, in order to waive these hearings, it has often been necessary in the short term for defendants to seek e x ten sio n s of the time limits imposed by the Federal Rules of Criminal Procedure. This is n e c es s a ry for defendants to have sufficient time to investigate the case and make an informed d e c i sio n prior to waiving any rights. 4 . These extensions of time are particularly necessary in immigration cases as most d e f en d a n ts charged with immigration crimes require the assistance of an interpreter when s p e a k i n g to defense counsel. It can often take several days or weeks to arrange for defense c o u n se l and an interpreter to meet with the defendant. Due to the distance involved and the need f o r interpretation, an extension of time to indict is needed to allow defense counsel to review th e discovery material with the defendant and investigate any possible defenses. 5 . Although it may appear contradictory to an early disposition program to allow a d e f en d a n t an extension of time to investigate the case, the United States Attorney has found that th e s e extensions granted for the defendant's benefit actually result in the case being resolved e a r lie r , with fewer filings and fewer hearings. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A c c o rd in g ly, the United States does not oppose Defendant's Motion to Extend Time in W h ic h to Indict as it is in the interests of justice. R e sp e c tf u lly submitted this 26th day of June 2007. DANIEL G. KNAUSS U n ite d States Attorney D is tric t of Arizona s / Fredrick A. Cocio Fredrick A. Cocio A s s is ta n t U.S. Attorney C e rtif ic a te of Service I hereby certify that on June 26, 2007, I electronically transmitted the attached document to the C le rk 's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic F ilin g to the following CM/ECF registrants: B ru c e Yancey A tto rn e y for Defendant b y: s/ Fredrick A. Cocio 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?