IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Criminal Action No. 11-cr-0355-MSK 

UNITED STATE OF AMERICA, 

 Plaintiff, 

v. 

2. JOHN PHILLIP GALLEGOS, 

 Defendant. 

______________________________________________________________________________ 

UNOPPOSED MOTION FOR ENDS OF JUSTICE CONTINUANCE PURSUANT TO 

THE SPEEDY TRIAL ACT AND FOR ENLARGEMENT OF TIME TO FILE MOTIONS 

(OUT OF TIME) 

______________________________________________________________________________ 

 John Phillip Gallegos, by counsel William L. Taylor and Darlene A. Bagley of Ridley, 

McGreevy & Winocur, P.C., hereby moves out of time for an enlargement of time in which to 

file motions, and pursuant to Title 18, United States Code, Section 3161 and Fed.R.Crim.P. 12, 

without opposition of the Government and to suit the ends of justice, for a continuance of 180 

days to prepare his defense, to file and litigate pre-trial motions, and to prepare for trial, on the 

following grounds: 

1. Mr. Gallegos is charged with five counts of Wire Fraud in violation of 18 U.S.C. 

§ 1343 and two counts of money laundering in violation of 18 U.S.C. § 1957. In addition, the 

Indictment charges two other defendants, Mr. Gallegos’ mother, Waunita Weingart, and his 

stepfather, Alois Weingart, with similar offenses, for a total of eighteen counts. Doc. 1. Mr. 

Gallegos made his first appearance in the District of Colorado on September 26, 2011. He was 

Case No. 1:11-cr-00355-MSK Document 39 filed 10/14/11 USDC Colorado pg 1 of 6
arraigned on September 29, 2011. Doc. 31. Undersigned counsel, William Taylor, was 

appointed to represent Mr. Gallegos on September 27, Doc. 30, and first appeared with Mr. 

Gallegos on September 29, 2011 at the Arraignment. Doc. 31. 

2. The deadline for filing pretrial motions other than motions to suppress was set for 

September 28, 2011, Doc. 25, the day before undersigned counsel first appeared in court with 

Mr. Gallegos. 

3. Undersigned counsel received discovery from the Attorney for the Government 

on September 29, 2011, and to date, counsel has been able to make only a cursory inspection of 

most of the approximately 25,000 pages of electronic and hard copy discovery provided by the 

Government. In addition, counsel has been informed by the Attorney for the Government, 

orally on October 13, 2011 and by letter received the same date, that there is an additional file 

box of hard copy discovery available to be picked up at the U.S. Attorney’s Office, containing 

Grand Jury materials – transcripts and exhibits. Counsel has not yet obtained those materials 

from the Government. Counsel is aware that counsel for co-defendants have concluded that 

discovery is not complete, see Doc. 27, at 2, para. 2, but review of discovery by the 

undersigned, given the short amount of time available since appointment, has been too cursory 

even to conclude that. 

4. In short, the fact that neither Mr. Gallegos nor his counsel has had a meaningful 

opportunity to review discovery, conduct any legal research concerning potential motions that 

may have to be filed, conduct any defense investigation other than into factual predicates 

supporting a proposed modification of bond conditions in order to save Mr. Gallegos’ job, or to 

enter into meaningful discussions with the Attorney for the Government concerning any 

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possible disposition in the case. Although counsel was appointed the afternoon of the day 

before this motion was due under the Court’s scheduling order, and eleven business days have 

elapsed since such appointment, due to the press of other business, other client matters, and 

previously scheduled business travel the entire week of October 2, 2011, counsel has had little 

time to do anything on the matter other than cursorily inspect discovery and prepare a motion to 

modify bond conditions. 

5. Mr. Gallegos was released on conditions. He does not object to, and respectfully 

requests that the trial be continued, in order to assist his counsel in preparing his case for trial. 

He will not be prejudiced by a continuance in any way, and indeed, will be severely and 

unconstitutionally prejudiced if forced to trial on October 14, 2011, under the circumstances. 

His counsel will simply be ineffective if forced to trial under these circumstances. 

6. Under the Speedy Trial Act, trial must commence within 70 days after indictment 

or initial appearance, whichever is later. 18 U.S.C. § 1361(c)(1). 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. § 1361(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). 

7. 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, 

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taken as a whole, is not so unusual or complex but will deny reasonable time necessary for 

effective preparation, taking into account the exercise of due diligence under 18 U.S.C. § 

3161(h)(B)(iv). See United States v. Larson, 627 f.3D 1198, 1203-04 (10TH Cir.2010). 

8. Mr. Gallegos respectfully submits that the failure to grant a continuance of the 

trial set in this matter, and to enlarge the periods of time set in the Court’s scheduling order for 

the filing not only of this motion, given the recency of appointment of counsel, but of all other 

motions in the case, would result in a miscarriage of justice, see 18 U.S.C. § 3161(h)(7)(B)(i), 

ineffectiveness of counsel, and a denial of due process. Given the volume of discovery, the 

short period during which counsel has been on the case, the complexity of the case arising from 

multiple defendants, family ties among them, that the case involves alleged financial fraud 

taking place over a period of years, and the need to investigate the facts, prepare and litigate 

motions, this case merits an ends of justice finding under 18 U.S.C. § 3161(h)(7)(B)(ii), and a 

continuance to allow reasonable time to prepare the defense case under 18 U.S.C. § 

3161(h)(7)(B)(iv). 

9. The Attorney for the Government has authorized the undersigned to state herein 

that the Government does not oppose this motion. 

Case No. 1:11-cr-00355-MSK Document 39 filed 10/14/11 USDC Colorado pg 4 of 6
Dated October 14, 2011. 

Respectfully submitted. 

 /s/ William L. Taylor

William L. Taylor, #21098 

/s/ Darlene A. Bagley 

Darlene A. Bagley, #35728 

RIDLEY, MCGREEVY & WINOCUR P.C.

303 16th Street, Suite 200 

Denver, CO 80202 

Telephone: (303) 629-9700 

Fax: (303) 629-9702 

E-Mail: wltaylorpc@gmail.com; 

taylor@ridleylaw.com; 

bagley@ridleylaw.com

Attorneys for John Phillip Gallegos 

Case No. 1:11-cr-00355-MSK Document 39 filed 10/14/11 USDC Colorado pg 5 of 6
CERTIFICATE OF SERVICE

I hereby certify that on this 14th day of October, 2011, I served a true and correct 

copy of the foregoing UNOPPOSED MOTION FOR ENDS OF JUSTICE 

CONTINUANCE PURSUANT TO THE SPEEDY TRIAL ACT AND FOR 

ENLARGEMENT OF TIME TO FILE MOTIONS (OUT OF TIME) via CM/ECF filing to 

all parties listed therein including: 

Linda Kaufman 

Assistant United States Attorney 

United States Attorney’s Office 

1225 Seventeenth Street, Suite 700 

Denver, Colorado 80202 

Telephone: (303) 454-0100 

FAX: (303) 454-0401 

E-mail: Linda.Kaufman@usdoj.gov

Attorney for Government 

Edward A. Pluss 

Assistant Federal Public Defender 

633 17th Street, Suite 1000 

Denver, CO 80202 

Telephone: (303) 294-7002 

FAX: (303) 294-1192 

Edward_Pluss@fd.org 

Attorney for Defendant 

Paula M. Ray 

Paula M. Ray, P.C. 

P.O. Box 12554 

Denver, CO 80212-0554 

Telephone: 303-874-5170 

Email: paulamray@earthlink.net

 /s/ Suzy M. Kamps 

 Suzy M. Kamps

Case No. 1:11-cr-00355-MSK Document 39 filed 10/14/11 USDC Colorado pg 6 of 6