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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11–cr–000335-001-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

WAUNITA WEINGART,

Defendants.

MOTION FOR AN ENDS OF JUSTICE CONTINUANCE OF TRIAL

Comes now the Defendant, Waunita Weingart, by and through her attorney,

Martin Stuart, and moves this Court for an order pursuant to 18 U.S.C. §3161(h)(7)(A) 

to add a period of time to her speedy trial period resulting in a trial setting no earlier than 

January 28, 2013. Ms. Weingart states the following as grounds:

1. Ms. Weingart was indicted on August 31, 2011 with fifteen counts of wire 

fraud and engaging in monetary transactions in property derived from specific unlawful 

activity pursuant to 18 U.S.C §§ 1343 and 1957, respectively (doc. 1).

2. Ms. Weingart appeared on September 2, 2011 for an initial appearance 

(doc. 7) and also appeared on September 8, 2011, for an arraignment, discovery 

conference, and detention hearing (docs. 13 and 15). A trial was set for October 17, 

2011 (doc. 25).

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3. Ms. Weingart’s prior attorney filed an unopposed motion to continue the 

trial and to add 180 days to her speedy trial calculation (doc. 26). Co-defendant’s Alois

Weingart and John Gallegos filed similar motions (docs. 26 and 39).

4. On October 14, 2011, the Court held a hearing and granted the 

defendants’ respective motions to continue trial and to add 180 days to their speedy 

trial, although declined to declare the case complex (doc. 42). The Court then set a 

motions filing deadline for March 12, 2012, which was 150 days in the future and 186 

days from the date Ms. Weingart was arraigned. The Court also set a trial date for 

September 17, 2012, which was 339 days in the future and 375 days from the date Ms. 

Weingart was arraigned. 

5. On March 2, 2012, Ms. Weingart’s Federal Public Defender filed a motion 

to withdraw as her attorney (doc. 62). That motion was granted by Magistrate Judge

Boyd on March 8, 2012 (doc. 66) and undersigned counsel was appointed as CJA 

counsel to Ms. Weingart on March 12, 2012 (doc. 67).

6. Undersigned counsel filed a motion to extend the motions filing deadline 

on March 12, 2012 in which he made an initial request for a 90 day extension (doc. 68). 

After his initial review of discovery, counsel now believes an extension of 150 days from 

the filing of this motion is required as detailed below.

7. The majority of discovery was received by undersigned counsel on March 

14, 2012. Discovery includes approximately 30,000 pages.

8. During the three weeks since counsel’s appointment he has only been 

able to complete a very cursory review of discovery and to have a few conversations 

with AUSA Linda Kaufman and co-defendant’s attorney, William Taylor. Counsel 

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believes that a significant amount of time will be required to carefully review the nearly 

30,000 pages of discovery, to locate and interview witnesses some of whom it is 

believed do not reside locally, consult with and potentially retain experts including a 

forensic accountant, cross reference information on purported mortgage loan 

documents with other documents including credit reports and loan applications, and to 

become familiar enough with the discovery to potentially engage in meaningful plea 

negations. Therefore, counsel believes he will require a similar period of time to file 

motions and prepare for trial as the court previously granted prior defense counsel and 

co-defendants’ attorneys, or 150 days to file motions and 298 days to prepare for trial.1

9. The Speedy Trial Act requires a trial be commenced within 70 days after 

indictment or initial appearance, whichever is later. 18 U.S.C. § 136l(c)(l). Periods of 

delay are excluded from the 70-day period. The Act excludes time stemming from a 

continuance when the Court finds that the ends of justice outweigh the defendant's and 

public interest in a speedy trial, 18 U.S.C. § 136l(h)(7)(A), including time necessary for 

preparation and litigation of pretrial motions. Bloate v. United States, 559 U.S.___, 130 

S.Ct. 1345, 1351-52 (2010).

10. Factors that apply to an ends of justice finding include: (1) whether the 

case is so complex or unusual, due to the number of defendants, the nature of the 

prosecution, and the existence of novel questions of fact or law, that it is unreasonable 

to expect adequate preparation for pretrial proceedings or for the trial itself within the 

time limits established under the Speedy Trial Act; and (2) whether the failure to grant 

such a continuance in a case which, taken as a whole, is not so unusual or complex but 

will deny reasonable time necessary for effective preparation, taking into account the 

 1 150 days from the filing of this motion is September 2, 2012, and 298 days is January 28, 2013.

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exercise of due diligence under 18 U.S.C. § 316l(h)(B)(iv). See United States v. Larson,

627 F.3D 1198, 1203-04 (10th Cir.2010); United States v. Toombs, 574 F.3d 1262 (10th

Cir. 2009). In addition, in Lafler v. Cooper, __ U.S. __ (March 21, 2012), the Supreme 

Court extended the standard of adequate assistance of counsel guaranteed by the Sixth 

Amendment to plea negotiations. In the present matter counsel believes it will take a 

significant amount of time to review and master the discovery to the extent that will be 

required (1) for a determination of what motions need to be filed, (2) to effectively 

conduct witness interviews and other investigation, (3) to be adequately prepared to 

potentially engage in plea negotiations and thereby provide reasoned and effective 

advise to Ms. Weingart, and (4) for adequate trial preparation. Counsel believes that 

any period of time less than what is being requested would unreasonably deny counsel 

that ability to effectively represent Ms. Weingart.

WHEREFORE, Mr. Weingart respectfully requests that this Honorable Court enter 

an order continuing her trial and motions filing deadline.

Respectfully submitted,

Dated: April 5, 2012 By: s/Martin Stuart_____ 

MARTIN STUART, counsel for Ms. 

Weingart

 PortmanStuart, LLC

955 Bannock Street, suite 200

 Denver, CO 80204

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 Phone 303-355-6789

 Fax 303-623-0714

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CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of April 2012, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system which will send 

notification of such filing to the following e-mail addresses: 

Linda Kaufman

Assistant United States Attorney

1225 17th St., Ste. 700

Denver, CO 80202

Linda.kaufman@usdoj.gov

William Taylor

Attorney or John Gallegos

303 16th Street, #200

Denver, CO 80202

wltaylorpc@gmail.com

Paula Ray

Attorney for Alois Craig Weingart

1801 Broadway, suite 1100

Denver, CO 80202

paulamray@earthlink.net

/s/ Martin Stuart________

Martin Stuart

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