Honorable J. Paul Oetken United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Dear Judge Oetken: December 11, 2024 Re: USA v. Nunez, et al. Case No. 22-cr-293 (JPO) I am CJA-appointed counsel for defendant Jesus Zapata in the above-captioned matter.
This is the third request for an adjournment of the pre-trial motion schedule, each of which were granted by Your Honor (see ECF Doc. Nos. 434 and 470).
Under the schedule set by Order of Your Honor on September 20, 2024, defense motions specific to pre-trial severance are due by December 15, 2024 (see ECF Doc. No. 470).1 As noted in the second letter request for an adjournment filed on September 19, 2024, the trial groups were to be determined at the December 5, 2024, status conference (“December 5 Conference”) and thereby determine which co-defendant(s) Messrs. Zapata and Lloret may seek to sever (see ECF Doc. No. 469).
In the interim, several co-defendants have taken pleas, and the outcome of the December 5 Conference was that co-defendants Jowenky Nunez, Jr., Brian Hernandez, and Iyaury Rodriguez- Rosario, are scheduled to proceed for trial in April 2025.
Presently, Messrs. Zapata and Lloret are scheduled for a status conference before Your Honor on February 7, 2025, therefore, counsel requests, that any pre-trial motion for severance be filed (7) days after this appearance, on or before February 14, 2025.