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(Supposed) Shrimp Meister Schoepf requests rescheduling

May 8, 2012

Schoepf Docket Updates: 

Defendant’s MOTION to Continue Trial by Walter Schoepf. Responses due by 5/24/2012 (Kafka, Carl) (Entered: 05/07/2012) (detailed below)

and

ENDORSED ORDER denying 25 Motion to Consolidate Cases as to Karl Degiacomi (1), Walter Schoepf (2), Culinary Specialties, Inc. (3). Signed by Judge Joan A. Lenard on 5/7/12. (pm) (Entered: 05/07/2012)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 12-20117 – LEONARD/O’SULLIVAN

UNITED STATES OF AMERICA,

Plaintiff,

vs.

WALTER SCHOEPF,

Defendant.

MOTION TO CONTINUE TRIAL

COMES NOW , the Defendant, WALTER SCHOEPF, by and through his undersigned defense counsel, does hereby respectfully request this Honorable Court

reschedule the trial date of May 21, 2012, and in support states as follows:

1. This case is presently scheduled for the May 21, 2012 trial period.

2. Defendant,

WALTER SCHOEPF was arraigned on March 19, 2012.

3. The undersigned counsel is in the process of reviewing voluminous discovery received from the Government and is currently requesting additional documents

for review for which the Government has issued a subpoena. Counsel has had insufficient time to assess the case and fully review significant paper discovery.

There are on-going discussions regarding a resolution.

4. Assistant United States Attorney Norman O. Hemming, III has no objection to this request and the Defendant is currently not in custody.

5. This Motion is filed in good faith and not for the purposes of delay.

6. It is requested that the Court set this matter for the August 2012 trial period.

MEMORANDUM OF LAW

A trial court has broad discretion in granting a continuance. United States v. Rojas-Contrereras, 474 U.S. 231, 236 (1985), citing 18 USC § 3161(h)(8); United

States v. Jackson, 50 F.3d 1335, 1339 (5th Cir. 1995).  “Section 3161(h)(8) authorizes the trial judge to grant a continuance if the ends of justice

served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. See Id.

WHEREFORE, counsel for the Defendant, WALTER SCHOEPF, respectfully requests this Honorable Court reset the instant case for the August 2012 trial period.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF System which will send a Notice of Electronic Filing to

Norman O. Hemming, III, Assistant United States Attorney, 99N.E. Fourth Street, Miami, Florida 33132, and Richard Escobar, Esquire, 2917 West Kennedy

Boulevard, Suite 100, Tampa, Florida 33609, counsel for Karl Degiacomi, this 4th day of May, 2012.

Law Offices of Brian E. Gonzalez, P.A.

2917 W. Kennedy Blvd., Suite 120

Tampa, Florida 33609

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