Thanks to a tipster, check out this Government motion for extension of time to respond to the defense motions:
GOVERNMENT’S MOTION FOR ADDITIONAL TIME IN WHICH TO
RESPOND TO DEFENDANTS MOTIONS TO DISMISS THE
OBSTRUCTION OF JUSTICE COUNT AND FOR A BILL OF PARTICULARS
The United States, by and through the undersigned attorneys,
respectfully requests that this Court grant an enlargement of
time for the Government to respond to the Motion of Defendant
Kuehne to Dismiss Count Six of the indictment and for a Bill of
Particulars. Defendants Florez-Velez and Saldarriaga have both
moved to join in the motion to dismiss. The reasons for this
request are set forth herein.
The Government’s responses to the above pleadings are due to
be filed on March 24, 2008. The undersigned prosecutor has
recently become lead counsel in this matter and has undertaken a
review of the current charges in the case. As part of that review
process, there have been discussions at the Department of Justice
concerning whether there should be a voluntary dismissal of these
counts. In that event, the current defense motions would become
moot. Unfortunately, the Department has not been able to reach a
conclusion as to this matter and the undersigned has been
instructed to seek a brief continuance - in the nature of three
weeks - so that the matter can be subject to further discussion.
In accordance with Local Rule 88.9, the undersigned has
personally spoken with Joaquin Mendez, Esquire, counsel for
defendant Saldarriaga, who indicated no objection to the
requested continuance. In addition, John Nields, Esquire,
counsel for defendant Kuehne, has indicated that he has no
objection to the requested continuance. The undersigned left a
voice message for Henry P. Bell, Esquire, counsel for defendant
Gloria Florez Velez, informing him of the request.
A draft order is attached hereto for the Court’s
consideration.
Respectfully submitted,
KENNETH BLANCO, CHIEF
NARCOTIC AND DANGEROUS
DRUG SECTION
RICHARD WEBER, CHIEF
ASSET FORFEITURE AND MONEY
LAUNDERING SECTION
/s/ Robert Feitel
By:
ROBERT FEITEL
JOHN W. SELLERS
THOMAS J. PINDER
TRIAL ATTORNEYS
United States Department of Justice
1400 New York Avenue, N.W.
Washington, D.C. 20530
Telephone: (202) 307-3586
So, the Government has a new lead lawyer and is now reviewing some of the counts to see if they should be dismissed. Thoughts?
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
7 comments:
Looks like they have been reading your blog.
Not just any new counsel- Ken Blanco. One of the best, best the department can possibly offer to the team. I will be much more reserved in my skepticism of the government's motives with Ken behind the wheel.
Agreed - blanco is first class, top guy.
Prediction, nothing will be dismissed.
Ken Blanco does as he is told. Remember, he had to be aware of the Kuehne case while DOJ was considering it. His friend and mentor without a brain, Deputy AG Barry Sabin, had to be aware of this case. Sabin recently lost a major prosecution against a decorated AUSA in Detroit, who they improperly charged with obstruction; the prosecutor was charged because he was insufficiently submissive to his DOJ bosses. Paul Pelletier, good friend of Blanco and Sabin (also at DOJ), was relentless in his own failed prosecution of attorney Frank Quintero. Blanco and his friends love going after lawyers like Ben. Zealots like these guys are the problem, not the solution.
Anyone who thinks Blanco, Sabin, and Pelletier are not upstanding and fair have never actually worked with -- or in opposition -- to them. Hard working and tough certainly, but fair and above board always. (Incidentally, for anyone who actually understands the import of a signature block, it does not appear that Mr. Blanco will be handling the matter personally.)
Sellers is a complete disaster. Blanco and Sabin are upstanding but short men.
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