IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, )

 ) Criminal Action

Plaintiff ) No. 05-CR-00143-all

 )

vs. )

 )

ARGENIS PACHECO MOSCOSO, a/k/a )

“Hennessey”; )

ANGEL FERRER, a/k/a “Strange”; )

JASON LOPEZ, a/k/a/ “Jonathon )

Davila” a/k/a “JB”; )

CHRISTIAN DELGADO, a/k/a “Old )

Murder” a/k/a “Murder”; )

DAVID BOSAH, a/k/a “DJ”; and )

JOSHUA BAEZ, a/k/a “Josh” )

Defendants )

O R D E R

NOW, this 25th day of May, 2005, upon consideration of

the Government’s Motion for Speedy Trial Act Continuance and

Motion for Special Listing, which motion was filed April 6, 2005; 

upon consideration of the Government’s Memorandum in Support of

its Motion for Speedy Trial Act Continuance filed May 3, 2005;

upon consideration of Defendant Angel Ferrer’s Motion for

Enlargement of Time for Filing Pre-Trial Motions, which motion

was filed March 23, 2005; upon consideration of the Reply of

Jason Lopez to Government’s Motion for Speedy Trial Act

Continuance and Motion for Special Listing, which reply was filed

April 28, 2005; upon consideration of the Amended Reply of Jason

Lopez to Government’s Motion for Speedy Trial Act Continuance and

Motion for Special Listing, which amended reply was filed 

April 28, 2005; upon consideration of Defendant’s Response to

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1

It is the sense of this Order that because we have declared this

matter complex and because we have set deadlines for production of discovery,

filing of motions and a trial date, we have implicitly granted defendant

Ferrer’s motion for an extension of time to file pre-trial motions.

-iiGovernment’s Motion Pursuant to 18 U.S.C. § 3161(c)(1), which

response was filed on behalf of defendant Argenis Pacheco Moscoso

April 27, 2005; upon consideration of Defendant’s Waiver of

Rights Pursuant to 18 U.S.C. § 3161(c)(1) filed on behalf of

defendant Joshua Baez on April 27, 2005; upon consideration of

Defendant, David Bosah’s Waiver of Rights Pursuant to 18 U.S.C. 

§ 3161(c)(1) filed April 27, 2005; upon consideration of the

letter dated April 26, 2005 from William R. McElroy, Esquire,

counsel for defendant Angel Ferrer filed by the undersigned on

May 25, 2005; it appearing that the government seeks an Order

declaring this matter a complex case pursuant to 18 U.S.C.

3161(h)(8)(B)(ii); after oral argument conducted before the

undersigned May 11, 2005; and for the reasons expressed in the

accompanying Memorandum,

IT IS ORDERED that the Government’s Motion for Speedy

Trial Act Continuance and Motion for Special Listing is granted.

IT IS FURTHER ORDERED that Defendant Angel Ferrer’s

Motion for Enlargement of Time for Filing Pre-Trial Motions is

granted.1

IT IS FURTHER ORDERED that a jury trial of the within

case shall commence before the undersigned on Monday, 

November 28, 2005, at 9:30 o’clock a.m., with the selection of a

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-iiijury at the United States Courthouse, 601 Market Street,

Philadelphia, Pennsylvania. After completion of the jury

selection the trial shall continue in Courtroom B, Edward N. Cahn

United States Courthouse, 504 West Hamilton Street, Allentown,

Pennsylvania. This Order shall serve as a formal attachment for

trial. 

IT IS FURTHER ORDERED that on or before June 10, 2005

the government shall provide defendants with all discovery in

this matter.

IT IS FURTHER ORDERED that on or before June 30, 2005

that defendants shall file any motions pursuant to Federal Rule

of Criminal Procedure 12(b) in accordance with Rule 12.1 of the

Local Rules of Criminal Procedure for the Eastern District of

Pennsylvania.

All motions shall be filed with the Clerk of Court,

served upon counsel for all parties and a courtesy copy sent to

the undersigned. Each motion shall be accompanied by a

memorandum of law containing a brief recitation of the applicable

facts, a concise statement of the legal contentions together with

the authorities relied upon in support of such motion.

IT IS FURTHER ORDERED that by July 15, 2005 any party

desiring to oppose such motion shall file and serve on all

parties, the Clerk of Court and the undersigned a legal

memorandum in opposition to such motion pursuant to Local 

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2

Whenever used in this Order, the terms “counsel” and “counsel for

the parties” shall also refer to any unrepresented parties.

-ivRule 12.1. 

IT IS FURTHER ORDERED that a hearing on all motions is

scheduled before the undersigned on Monday, August 22, 2005,

commencing at 9:30 o’clock a.m. in Courtroom B, Edward N. Cahn

United States Courthouse, 504 West Hamilton Street, Allentown,

Pennsylvania. In the event that any hearing, if necessary, is

not completed by the end of the day on August 22, 2005, the court

will schedule an additional hearing prior to the November 28,

2005 trial date.

IT IS FURTHER ORDERED that on or before November 14,

2005 counsel for the parties2 are required to submit proposed

jury instructions.

All proposed jury instructions shall be numbered and

shall have citations of authority for each point (one instruction

per page). If a model jury instruction is requested, counsel

shall indicate whether the proposed jury instruction is modified

or unchanged. If counsel modifies a model jury instruction,

additions shall be underlined and deletions shall be placed in

brackets. If a model jury instruction is unchanged, it shall be

submitted by title and paragraph number reference only, and shall

not be retyped verbatim.

IT IS FURTHER ORDERED that on or before November 21,

2005 each party shall file any objections to the proposed jury

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-vinstructions proposed by the other party. Any and all objections

shall be in writing and shall set forth the objectionable

proposed instruction in its entirety. The objection shall then

specifically set forth the objectionable material in the proposed

instruction. The objection shall contain citation to legal

authority explaining why the instruction is improper and a

concise statement of argument concerning the instruction. Where

applicable, the objecting party shall submit a correct

alternative instruction covering the subject or principle of law,

with citation to legal authority supporting the alternative

instruction.

IT IS FURTHER ORDERED that on or before November 14,

2005 all counsel and unrepresented parties shall submit proposed

jury voir dire questions.

IT IS FURTHER ORDERED that on or before November 21,

2005 each party shall file any objections to the voir dire

questions proposed by any other party. Any and all objections

shall be in writing and shall set forth the objectionable voir

dire question in its entirety. The objection shall then

specifically set forth the objectionable material in the proposed

voir dire question. The objection shall contain citation to

legal authority explaining why the proposed voir dire question is

improper and a concise statement of argument concerning the

objection.

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-viIT IS FURTHER ORDERED that at least five business days

before commencement of trial, all parties shall submit to the

court a written summary, not to exceed two pages in length, in

plain language, of its contentions regarding the facts and that

party’s theories concerning their case. Prior to the beginning

of voir dire, all other parties may submit in writing objections

or alternatives to this summary. The summary may be used by the

court during jury selection and in the court’s preliminary and

final instructions to the jury in order to familiarize the jurors

with the general framework of the factual and legal issues and

contentions in the case.

IT IS FURTHER ORDERED that counsel shall familiarize

themselves with the Local Rules of Criminal Procedure of the

United States District Court for the Eastern District of

Pennsylvania. Failure to comply with the within Order or the

Local Rules may result in the imposition of sanctions.

IT IS FURTHER ORDERED that continuances will be granted

only in extraordinary circumstances. Continuance requests shall

be filed by one counsel of record for each represented party and

by each unrepresented party. Continuance requests shall be

submitted not later than ten days prior to the commencement of

trial on a form approved by the undersigned.

IT IS FURTHER ORDERED that if a defendant is currently

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-viiincarcerated, the defendant or his counsel shall notify the

undersigned in writing immediately so that the necessary

procedures can be taken to have the defendant present in the

courtroom for any proceedings.

IT IS FURTHER ORDERED that pursuant to 18 U.S.C. 

§ 3161(h)(8) the period between April 19, 2005 and November 28,

2005 shall be excluded in computing time under the Speedy Trial

Act.

BY THE COURT:

 

James Knoll Gardner

United States District Judge

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