US Montoya Motion To Continue Hearing

Case 1:21-cr-00336-JDB Document 45 Filed 05/05/22 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA §

§
VS. § CASE NO. 1:21-cr-00336-JDB-1
§
SAMUEL CHRISTOPHER MONTOYA §
UNOPPOSED MOTION TO CONTINUE STATUS HEARING

AND TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
TO THE HONORABLE JOHN D. BATES, SENIOR UNITED STATES DISTRICT JUDGE

FOR THE DISTRICT OF COLUMBIA:
NOW COMES SAMUEL CHRISTOPHER MONTOYA, Defendant in the above-entitled
and numbered cause, by and through his undersigned Counsel, Donald H. Flanary, III., and
respectfully moves to continue the status hearing scheduled for Monday, May 9, 2022, for at least
60 days and to exclude time under the Speedy Trial Act, and in support thereof Defendant would
respectfully show this Honorable Court as follows:
I.
Defendant in this case stands charged by Information with Count One: Entering/Remaining
on Restricted Buildings or Grounds in violation of Title 18 U.S.C. § 1752 (a)(1); Count Two:
Disorderly/Disruptive Conduct in or near a Restricted Building or Grounds in violation of Title 18
U.S.C. § 1752 (a)(2); Count Three: Disorderly Conduct in a Capitol Building in violation of Title
40 U.S.C. § 5104 (e)(2)(D); Count Four: Impeding Passage Through the Capitol Grounds or
Buildings in violation of Title 40 U.S.C. § 5104(e)(2)(E); and Count Five: Parading,
Demonstrating, or Picketing in a Capitol Building in violation of Title 40 U.S.C. § 5104 (e)(2)(G).
1
II.
The Government has been working with Defense Counsel in order to provide voluminous
discovery in this case. The parties hope to be able to negotiate a plea agreement that would obviate
the need for a trial. However, the parties need additional time for the production and review of
discovery and to engage in discussions. Continuing the status hearing currently scheduled for May
9, 2022, for at least 60 days will provide the parties with additional time for discovery production
and review and to engage in discussions.
The Speedy Trial Act requires that, in any case in which a plea of not guilty is entered, the
trial of a defendant charged in an information or indictment with the commission of an offense
shall commence within seventy days from the filing date (and making public) of the information
or indictment, or from the date the defendant has appeared before a judicial officer of the court in
which such charge is pending, whichever date last occurs. 18 U.S.C. § 3161(c)(1). However, the
Act excludes any period of delay when a judge grants a continuance and finds that “the ends of
justice served by taking such action outweigh the best interest of the public and the defendant in a
speedy trial.” 18 U.S.C. § 3161(h)(7)(A). When granting an ends-of-justice continuance, the Court
must “set[] forth, in the record of the case, either orally or in writing, its reasons for [that] finding.”
Id.
Here, the exclusion of time through the 60 days best serves the interests and ends of justice
and outweighs the interests of the public and the defendant in a speedy trial because excluding
such time will afford the Defense the opportunity to engage in plea discussions with the
Government and to continue reviewing discovery.
The Government does not oppose this motion.
2
III.
WHEREFORE, PREMISES CONSIDERED, the parties respectfully request that the
Court continue this matter for at least 60 days and exclude time through and including that date
for purposes of any computation under the Speedy Trial Act and for other such relief that this
Honorable Court deems just and right.
Respectfully Submitted,
FLANARY LAW FIRM, PLLC

One International Center
100 NE Loop 410, Suite 1385
San Antonio, Texas 78216
Tel: (210) 738-8383
Fax: (210) 728-3438
BY: /s/ Donald H. Flanary, III.

Donald H. Flanary, III.
State of Texas Bar No. 24045877
ATTORNEY FOR DEFENDANT,

Samuel Christopher Montoya.
3
CERTIFICATE OF SERVICE
I hereby certify that on May 5, 2022, a true and exact copy of the above and foregoing
Motion was electronically sent via CM/ECF to Alexis Jane Loeb, Assistant United States Attorney.
/s/ Donald H. Flanary, III.

CERTIFICATE OF CONSULTATION
This is to certify that Undersigned Counsel conferred with the Assistant United States
Attorney regarding this motion and:
X She does not oppose it.
She does oppose it.
Our attempts to resolve it were unsuccessful.
Counsel were able to agree regarding the motion as follows: ________________
________________________________________________________________
Counsel’s attempt to contact the Government was unsuccessful.
/s/ Donald H. Flanary, III.

4
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA §

§
VS. § CASE NO. 1:21-cr-00336-JDB-1
§
SAMUEL CHRISTOPHER MONTOYA §
ORDER ON UNOPPOSED MOTION TO CONTINUE STATUS HEARING

AND TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT
Upon consideration of Defendant’s Unopposed Motion to Continue Status and Exclude
Time Under the Speedy Trial Act, it is this _____________ day of ___________, 2022, hereby
ORDERED that the motion is GRANTED; it is further
ORDERED that the status hearing scheduled in this matter for May 9, 2022 is continued
for 60 days for good cause; it is further
ORDERED that the time from May 9, 2022 through the 60 days is excluded for purposes
of any computation under the Speedy Trial Act, 18 U.S.C. § 3161; the ends of justice served by
taking such action outweigh the best interest of the public and the defendant in a speedy trial
because such time will afford the Defense the opportunity to engage in plea discussions with the
Government and to review discovery.
HONORABLE JOHN D. BATES

SENIOR UNITED STATES DISTRICT JUDGE

US Montoya Motion To Continue Hearing

Uploaded by

Copyright:

Available Formats

US Montoya Motion To Continue Hearing

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

US Montoya Motion To Continue Hearing

Uploaded by

Copyright:

Available Formats

Case 1:21-cr-00336-JDB Document 45 Filed 05/05/22 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA §

UNOPPOSED MOTION TO CONTINUE STATUS HEARING

TO THE HONORABLE JOHN D. BATES, SENIOR UNITED STATES DISTRICT JUDGE

NOW COMES SAMUEL CHRISTOPHER MONTOYA, Defendant in the above-entitled

respectfully show this Honorable Court as follows:

Disorderly/Disruptive Conduct in or near a Restricted Building or Grounds in violation of Title 18

Buildings in violation of Title 40 U.S.C. § 5104(e)(2)(E); and Count Five: Parading,

Demonstrating, or Picketing in a Capitol Building in violation of Title 40 U.S.C. § 5104 (e)(2)(G).

and review and to engage in discussions.

trial of a defendant charged in an information or indictment with the commission of an offense

Government and to continue reviewing discovery.

The Government does not oppose this motion.

WHEREFORE, PREMISES CONSIDERED, the parties respectfully request that the

Honorable Court deems just and right.

FLANARY LAW FIRM, PLLC

BY: /s/ Donald H. Flanary, III.

ATTORNEY FOR DEFENDANT,

/s/ Donald H. Flanary, III.

Attorney regarding this motion and:

X She does not oppose it.

She does oppose it.

Our attempts to resolve it were unsuccessful.

Counsel were able to agree regarding the motion as follows: ________________

Counsel’s attempt to contact the Government was unsuccessful.

/s/ Donald H. Flanary, III.

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA §

ORDER ON UNOPPOSED MOTION TO CONTINUE STATUS HEARING

Upon consideration of Defendant’s Unopposed Motion to Continue Status and Exclude

ORDERED that the motion is GRANTED; it is further

for 60 days for good cause; it is further

Government and to review discovery.

HONORABLE JOHN D. BATES

You might also like