IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

CASE NO. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WUANITA WEINGART,

2. JOHN PHILLIP GALLEGOS 

3. ALOIS CRAIG WEINGART

Defendants.

__________________________________________________________________

DEFENDANT WUANITA WEINGART’S UNOPPOSED MOTION 

FOR ENDS OF JUSTICE CONTINUANCE

OF DEADLINE TO FILE PRETRIAL MOTIONS AND TRIAL

__________________________________________________________________

Comes now, the Defendant, Wuanita Weingart (hereinafter the

“Defendant”) by and through her attorney, Edward A. Pluss, and moves this

Honorable Court for an Order pursuant to 18 U.S.C. § 3161(h)(a) for a 180 day

ends of justice continuance of deadlines to file pre-trial motions and for

continuance of the trial and as grounds therefore states as follows:

1. The Defendant is charged in a 18 count Indictment with two other codefendants, John Phillip Gallegos and Alois Craig Weingart with various counts of

Wire Fraud in violation of 18 U.S.C. § 1343 and various counts of Monetary

Case No. 1:11-cr-00355-MSK Document 26 filed 09/20/11 USDC Colorado pg 1 of 5
Transactions in Property Derived from Specified Unlawful Activity in violation of

18 U.S.C. § 1957. The Indictment alleges a scheme involving mortgage fraud

involving 44 real estate loans over a nine year. 

2. The Defendant entered a plea of not guilty on September 7, 2011. 

Motions are due on September 28, 2011. A five day trial to jury is currently

scheduled for October 11, 2011. 1

3. The Defendant moves for a 180 day ends of justice continuance of the

period to file pretrial motions and for continuance of the trial. As reasons

therefore, the Defense has just received the initial discovery from the Government

on September 12, 2011. Discovery indicates that the investigation of this matter

began over 2 years ago and concerns factual scenarios beginning over nine (9)

years ago and involving 44 separate mortgage loans. Discovery, so far consists, of

25,299 pages and will require counsel to spend considerable time reviewing these

materials. In addition numerous witnesses will have to be identified, located and

interviewed to conduct proper and adequate investigation and preparation. This

cannot be done until discovery is reviewed and dissected. Lastly, before counsel 

 The parties indicated at the time this trial was set with Chambers that the trial would 1

likely take fifteen days, but the Setting and Trial Preparation Order only indicates a five day

trial. Trial estimates at this time is for fifteen days.

2

Case No. 1:11-cr-00355-MSK Document 26 filed 09/20/11 USDC Colorado pg 2 of 5
can prepare pre-trial motions the discovery will need to be reviewed, digested and

catalogued. This will also require additional time for adequate preparation.

4. 18 U.S.C. § 3161(h)(7)(A) authorizes a Court to exclude from the

time limitations set forth in the Speedy Trial Act any delay for which the ends of

justice is served by the delay and which outweigh the interests of the public and a

defendant in a Speedy Trial. 18 U.S.C. § 3161(h)(7)(B)(i) and 18 U.S.C. §

3161(h)(7)(B)(ii), require the Court to consider, amongst others things, in

determining whether to grant an ends of justice continuance, whether the failure to

grant a continuance would result in a miscarriage of justice and whether given the

nature of the case, it is unreasonable to expect adequate preparation for pre-trial

proceedings or the trial itself within the speedy trial time limits.

5. Counsel needs adequate time to review the discovery and to conduct

its own investigation as described above before the filing of pre-trial motions and

for effective trial preparation pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii) as set forth

above. No party would be prejudiced and the ends of justice would be served by

allowing the Defendant sufficient time to review discovery and to conduct its own

investigation and interview witnesses.

3

Case No. 1:11-cr-00355-MSK Document 26 filed 09/20/11 USDC Colorado pg 3 of 5
6. Thus, the ends of justice would be served by the proposed delay

which would outweigh the interests of the public and the defendant in a speedy

trial and the failure to grant a continuance would result in a miscarriage of justice. 

7. Undersigned counsel has conferred with Assistant United States

Attorney Linda Kaufman and, who agrees that the ends of justice would be served

by the granting of this continuance, and has no objection to the granting of a 180

day ends of justice continuance for the filing of pretrial motions and continuance

of the trial. Undersigned counsel has also conferred with the Defendant Wuanita

Weingart who concurs in the request for an ends of justice continuance.

WHEREFORE, Defendant respectfully requests this Court to enter an Order

for an ends of justice continuance for an additional 180 days added to speedy trial,

for an additional 180 day period to file pre-trial motions, for continuance of the

trial and for such other and further relief that is just and proper.

Respectfully submitted,

RAYMOND P. MOORE

Federal Public Defender

s/ Edward A. Pluss 

EDWARD A. PLUSS

Assistant Federal Public Defender

633 - 17 Street, Suite 1000 th

Denver, Colorado 80202

Telephone: (303) 294-7002

FAX: (303) 294-1192

 Edward_Pluss@fd.org

Attorney for Defendant

4

Case No. 1:11-cr-00355-MSK Document 26 filed 09/20/11 USDC Colorado pg 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that on September 20, 2011, I electronically filed the

foregoing DEFENDANT WUANITA WEINGART’S UNOPPOED MOTION

FOR ENDS OF JUSTICE CONTINUANCE OF DEADLINE TO FILE

PRETRIAL MOTIONS AND TRIAL with the Clerk of Court using the

CM/ECF system which will send notification of such filing to the following e-mail

addresses:

Linda Kaufman, Assistant U.S. Attorney

Linda.Kaufman@usdoj.gov

Paula Ray, Esq.

paulamray@earthlink.net

for Defendant Alois Craig Weingart

and I hereby certify that I have mailed or served the document or paper to the

following non CM/ECF participant in the manner (mail, hand-delivery, etc.)

indicated by the non-participant’s name:

Wuanita Weingart (via Mail)

c/o DDC

s/ Edward A. Pluss 

Edward A. Pluss

Assistant Federal Public Defender

633 - 17 Street, Suite 1000 th

Denver, CO 80202

Telephone: (303) 294-7002

FAX: (303) 294-1192

 Edward_Pluss@fd.org

Attorney for Defendant

5

Case No. 1:11-cr-00355-MSK Document 26 filed 09/20/11 USDC Colorado pg 5 of 5