IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART,

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART,

Defendants.

UNOPPOSED MOTION FOR ENDS OF JUSTICE CONTINUANCE

PURSUANT TO THE SPEEDY TRIAL ACT

AND FOR EXTENSION OFTIME TO FILE MOTIONS

______________________________________________________________________________

Alois Craig Weingart, by counsel Paula M. Ray, pursuant to the Speedy Trial Act, 18 

U.S.C. § 3161 and FED. R. CRIM. P. 12, moves for an ends of justice continuance of 180 days to 

file pre-trial motions and to proceed with trial as follows:

1. Mr. Weingart is charged with 5 counts of Wire Fraud in violation of 18 U.S.C. §

1343 and 1 count of Money Laundering in violation of 18 U.S.C. § 1957, in an 18 Count

Indictment which involves 3 defendants. [Doc. No. 1] Mr. Weingart was arraigned on 

September 7, 2011, and entered a plea of not guilty. The deadline for filing suppression motions 

has been set for September 28, 2011. [Doc. No. 25] The trial date is set for five days 

commencing October 11, 2011. [Doc. No. 25] 

2. To date the Government provided one compact disc of discovery with 25,299 

pages, as well as additional Reports of Interviews to counsel. The discovery received to date 

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does not include grand jury transcripts. Counsel is in the process of reviewing the discovery, but

it appears that it is incomplete. And, with the exercise of due diligence and considering effective 

assistance of counsel, it is Counsel’s opinion that she will not be prepared to file Motions 

without first having fully reviewed the discovery and researched any issues which may pertain to

a defense in this case.

3. Mr. Weingart is on bond. Counsel will need to schedule several meetings with 

him in order to fully inform him of the evidence the Government intends to adduce at trial.

Counsel will also have to interview witnesses and research possible defenses.

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

indictment or initial appearance, whichever is later. 18 U.S.C. § 3161(c)(1). See generally,

Bloate v. United States, 559 U.S. ____; 130 S.Ct. 1345, 1349, 176 L.Ed. 2d 54, 60 (2010);

United States v. Toombs, 574 F.3d 1262, 1268-1274 (10th Cir. 2009). Periods of delay are 

excluded and do not count toward the 70-day limit. See 18 U.S.C. § 3161(h)(1)-(8). The Act 

excludes time which results in a continuance on the basis of findings that the ends of justice 

outweigh the interests of the public and defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). 

United States v. Hill, 197 F.3d 436, 440-41 (10th Cir. 1999). And time may be excluded for 

preparation of pretrial motions where the District Court enters ends of justice findings. Bloate at 

1351-52.

5. Factors which 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 18 U.S.C. § 

3161(h)(7)(B)(ii); and (2) whether the failure to grant such a continuance in a case which, taken 

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as a whole, is not so unusual or complex but will deny the defendant 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).

6. Counsel for Mr. Weingart respectfully submits that the failure to grant a 

continuance beyond the time prescribed by 18 U.S.C. § 3161(c) would result in a miscarriage of 

justice. See 18 U.S.C. § 3161(h)(7)(B)(i). Considering the currently set motions deadline, the 

short time until trial, the amount of discovery, the number of defendants, the need to adequately 

prepare motions, and the need for defense investigation, this case is unusual and complex and 

merits ends of justice findings under 18 U.S.C. § 3161(h)(B)(ii). Further, allowing for due 

diligence, failure to grant this motion would deny counsel the reasonable time necessary for 

effective pretrial and trial preparation under 18 U.S.C. § 3161(h)(7)(B)(ii).

8. The government does not oppose this Motion.

For the above-stated reasons, Mr. Weingart respectfully requests an ends of justice

continuance of 180 days to file pre-trial motions, and continuance of the trial.

DATED this 20th day of September, 2011.

Respectfully submitted

s/ Paula M. Ray

Paula M. Ray, P.C.

P.O. Box 12554

Denver, CO 80212-0554

Telephone: 303-874-5170

Email: paulamray@earthlink.net

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CERTIFICATE OF SERVICE

I hereby certify that on this 20th day of September, 2011, I served a copy of the foregoing 

via CM/ECF on all interested parties.

s/ Paula M. Ray

Law Office of Paula M. Ray

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