UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-mj-2228-JJO

UNITED STATES OF AMERICA,

Plaintiff,

v.

FELIPE MONCALEANO BOTERO,

Defendant.

_______________________________/

THIRD CONSENT MOTION TO

CONTINUE PRELIMINARY EXAMINATION AND

EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT

The United States hereby moves the Court, with the express consent of the defendant, 

Felipe Moncaleano Botero, and the defendant’s counsel, both to adjourn the preliminary 

examination in this case to June 18, 2020, and to order that all time from and including May 18, 

2020 through June 18, 2020 shall be excluded in computing the time within which an 

information or indictment must be filed pursuant to 18 U.S.C. § 3161(h). The parties hereby 

stipulate and agree: (i) that good cause exists to adjourn the preliminary examination and to 

extend the time to indict in this case; (ii) that the time period from and including May 18, 2020 

through June 18, 2020 shall constitute excludable delay under the Speedy Trial Act; and (iii) that 

the delay is based on the interests of justice due to the unusual factual complexity of the case, the 

need for time for counsel for the defendant to review materials with the defendant, the need for 

time for effective preparation taking into account the exercise of due diligence, and the desire of 

the parties to discuss the possible resolution of the case, all of which are in the interests of justice 

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and outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. §

3161(h)(7). In support of this motion, the parties state as follows:

1. On February 12, 2020, the defendant was charged in a criminal complaint with 

conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h). On February 17, 

2020, the defendant was arrested. On February 18, 2020, the defendant made his initial 

appearance before the Honorable Magistrate Judge McAliley with private counsel. On February 

24, 2020, Judge Torres held a hearing on the government’s motion for pretrial detention of the 

defendant. The court continued the hearing in order for the defendant to prepare an adequate 

bond package. On February 28, 2020, the government’s motion for pretrial detention was denied 

and the defendant was released on conditions designed to reasonably assure the defendant’s 

appearance at future court proceedings.

2. On February 25, 2020, the government filed a Consent Motion to Continue 

Preliminary Examination and Exclude Time Under the Speedy Trial Act to extend the 

preliminary examination to April 3, 2020. The motion was granted on February 26, 2020. 

3. One March 24, 2020, the government filed a Second Consent Motion to Continue 

Preliminary Examination and Exclude Time Under the Speedy Trial Act to extend the 

preliminary examination to May 18, 2020. The motion was granted on May 26, 2020.

4. The Speedy Trial Act requires that an information or indictment be filed within 30 

days of the defendant’s arrest or service with summons. Further, under Federal Rule of Criminal 

Procedure 5.1(c), a magistrate must hold a preliminary hearing no later than 14 days after the 

initial appearance if the defendant is in custody and no later than 21 days if not in custody. 

However, a magistrate may extend that time limit set in Rule 5.1(c) with the defendant’s consent 

and upon a showing of good cause. Fed. R. Crim. P. 5.1(d).

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5. The parties jointly request that the Court extend the time to indict. Extending the 

time period to indict would be in the interests of justice in that the additional time is necessary in 

this case due to the unusual factual complexity of the case, the need for time for counsel for the 

defendant to review materials with the defendant, the need for time for effective preparation 

taking into account the exercise of due diligence, and the desire of the parties to discuss the 

possible resolution of the case, all of which are in the interests of justice and outweigh the best 

interests of the public and the defendant in a speedy trial. The parties therefore respectfully 

submit that all time from and including May 18, 2020 through June 18, 2020 should be excluded 

in computing the time within which an information or indictment must be filed pursuant to 18 

U.S.C. § 3161(h).

6. The defendant hereby agrees to waive any objections under the Speedy Trial Act

and to extend the government’s time to file an indictment or information in this case for the time 

period specified in this motion. This waiver is made knowingly, intentionally, and voluntarily by 

the defendant; with full knowledge of the provisions of the Speedy Trial Act, 18 U.S.C. § 3161 

et seq.; and with the advice and consent of defense counsel.

7. For these same reasons, the parties also request that the preliminary examination 

be adjourned to June 18, 2020.

WHEREFORE, the parties request an order providing that all time from and including 

May 18, 2020 through June 18, 2020 shall be excluded in computing the time within which an 

information or indictment must be filed pursuant to 18 U.S.C. § 3161(h), and that the preliminary 

exam be adjourned until June 18, 2020.

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Dated: May 12, 2020

Respectfully submitted,

ARIANA FAJARDO ORSHAN

UNITED STATES ATTORNEY

ROBERT ZINK

CHIEF, FRAUD SECTION

By: /s/ Alexander Kramer______________

ALEXANDER KRAMER

LA’NESE CLARKE

KATHERINE RAUT

TRIAL ATTORNEYS, CRIM. DIVISION

DEPARTMENT OF JUSTICE

Court I.D. No. A5502240

99 N.E. 4th Street

Miami, FL 33132

Telephone: (202) 768-1919 

Alexander.kramer@usdoj.gov

Lanese.clarke@usdoj.gov

Katherine.raut@usdoj.gov

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CERTIFICATE OF SERVICE

I hereby certify that on May 12, 2020, I provided a copy of the foregoing pleading to 

Fernando Tamayo, counsel for the defendant, by emailing the same to 

ftamayo@coffeyburlington.com.

/s/ Alexander Kramer

Alexander Kramer

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