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

Filing 1217

M o t i o n Picture Association of America v. CrystalTech Web Hosting Inc.

D o c . 1217

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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 [phone] 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).

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Dockets.Justia.com

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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.

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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

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