United States v. Gonzalez

81 F. Supp. 3d 1212, 2015 U.S. Dist. LEXIS 12601, 2015 WL 365826
CourtDistrict Court, D. New Mexico
DecidedJanuary 26, 2015
DocketNo. CR 12-0128 JB
StatusPublished

This text of 81 F. Supp. 3d 1212 (United States v. Gonzalez) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Gonzalez, 81 F. Supp. 3d 1212, 2015 U.S. Dist. LEXIS 12601, 2015 WL 365826 (D.N.M. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the United States’ Motion to Strike Defendant’s Motion to Suppress, filed August 28, 2014 (Doc. 685)(“Motion to Strike”). The Court held a hearing on November 6, 2014. The primary issues are: (i) whether the Court will strike Defendant Ramon Gonzalez, Sr.’s Motion to Suppress, filed August 7, 2014 (Doc. 675)(“Motion to Suppress”), under rule 12 of the Federal Rules of Criminal Procedure; and (ii) whether the Court will use its inherent authority to manage its docket to strike the Motion to Suppress. First, the Court will not use its authority under rule .12 to strike the Motion to Suppress, because Gonzalez has demonstrated good cause to excuse his untimely filing. Second, the Court will not use its inherent authority to manage its docket to strike the Motion to Suppress, because no court has previously done so, and because such use of its inherent power would be inappropriate. Consequently, the • Court will deny the Motion to Strike.

PROCEDURAL BACKGROUND

Gonzalez is one of fifteen co-Defendants whom the United States indicted on January 24, 2012, in an indictment which charged the Defendants with: (i) conspiring to distribute controlled substances, in violation of 21 U.S.C. § 846; (ii) distributing fifty grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A);. (iii) conspiring to launder money, in violation of 18 U.S.C. § 1957; (iv) structuring transactions to evade reporting requirements, in violation of 31 U.S.C. §§ 5323(a)(1), (d)(1), (d)(2); and (v) using a telephone to facilitate drug trafficking, in violation of 21 U.S.C. §.843(b). See Indictment passim, filed January 24, 2012 (Doc. 2). The Court certified this case as complex on February 23, 2012. See Order Declaring This Matter a Complex Case, filed February 23, 2012 (Doc. 144)(“Complex Certification Order”). The Court entered its first scheduling order on March 19, 2012. See Stipulated Scheduling Order Number 1, filed March 19, 2012 (Doc. 160). The Court entered its second, and current, scheduling order on November 2, 2012. See Stipulated Scheduling Order Number 2, filed November 2, 2012 (Doc. 265)(“Scheduling Order”). The Scheduling Order states that “defendants shall file substantive pretrial motions ... by July 30, 2013.” Scheduling Order ¶ 7, at 4. The Scheduling Order also specifies that the Court would set a trial date in a separate order. See Scheduling Order ¶ 18, at 5.

The Court appointed Gonzalez’ current attorney, Mr. . Walz, on November 7, 2013 — more than three months after the deadline for filing pretrial motions expired. See Text-Only Entry on CM/ECF, entered November 7, 2013. Gonzalez filed the Motion to Suppress on August 7, 2014. See Motion to Suppress at 1. The Motion to Suppress asks the Court to suppress the evidence that law enforcement officers discovered and statements that Gonzalez made during and immediately after the allegedly unlawful stop and search of Gonzalez’ vehicle and trailer on November 10, 2011. See Motion to Suppress passim.

1. The Motion to Strike.

The United States filed the Motion to Strike on August 28, 2014. See Motion to Strike at 1. In the Motion to Strike, the United States asks the Court to strike the Motion to Suppress for two reasons. See [1215]*1215Motion to Strike at 1-4. First, the United States argues that, under rule 12(c) of the Federal Rules of Criminal Procedure, Gonzalez waived his argument when he failed to comply with the Court’s pretrial motion deadline. See ■ Motion to Strike at 1-6. The United States explains that rule 12(c) states that the Court may set deadlines for parties to file pretrial motions, including motions to suppress. See Motion to Strike at 1. According to the United States, rule 12(e) provides that a party waives its suppression argument if it fails to meet the Court’s pretrial motions deadlines. See Motion to Strike at 1 (citing Fed.R.Crim.P. 12(e) (“A party waives any Rule 12(b)(3) defense, objection, or request not raised by the deadline the court sets under Rule 12(c) or by any extension the court provides.”)). The United States contends that the Court may grant relief from this waiver only if the offending party shows good cause for its failure to meet .the Court’s deadline. See Motion to Strike at 1 (citing Fed.R.Crim.f. 12(c); United States v. White, 584 F.3d 935, 948 (10th Cir.2009)).

The United States points out that Gonzalez filed the Motion to Suppress thirteen months after the Court’s pretrial motion deadline. See Motion to Strike at 3. The United States argues that Gonzalez has failed to establish good cause for his failure to meet the Court’s pretrial motion deadline. See Motion to Strike at 4 (citing United States v. Gonzales, 229 Fed.Appx. 721, 725 (10th Cir.2007) (unpublished); United States v. Valadez-Camarena, 402 F.3d 1259, 1261 (10th Cir.2005); United States v. Trobee, 551 F.3d 835, 838 (8th Cir.2009)). The United States says that Gonzalez “will undoubtedly claim” that he did not file his Motion to Suppress in a timely manner, because -he changed his attorney so many times. Motion to Strike at 5. In the United States’ view, however, Gonzalez was aware of the information underlying the'Motion to Suppress since before the pretrial motion deadline, and should have either filed the motion before the deadline with former counsel or sought an extension of the deadline through his new counsel. See Motion to Strike at 5.

The United States contends that accepting Gonzalez’ untimely filing would prejudice the United ■ States. See Motion to Strike at 5-6. The United States points out that it must rely on the testimony of El Paso Sheriffs Deputy Luis Almonte— who conducted the allegedly unlawful stop and search of Gonzalez — to litigate the Motion to Suppress. See Motion to Strike at 5. The United States argues that it will be difficult to find Almonte because he recently retired, is now traveling around the country in a recreational vehicle, and is very difficult to reach. See Motion to Strike at 5. The United States also asserts — without further explanation — that considering the Motion to Suppress “will substantially affect the trial date.” Motion to Strike at 6.

Second, the United States argues that the Court should use its inherent authority to strike the Motion to Suppress. See Motion to Strike at 1 n. 1.

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Bluebook (online)
81 F. Supp. 3d 1212, 2015 U.S. Dist. LEXIS 12601, 2015 WL 365826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gonzalez-nmd-2015.