United States District Court, D. Nevada
Richard A. Wright Wright Marsh & Levy John Balazs
Attorney at Law 916 2nd Street, Suite F Sacramento, CA 95814
Attorneys for defendant Jose Luis Reynaldo Reyes-Castillo
MOTION TO AMEND COMPLEX CASE SCHEDULING
FERENBACH DATE UNITED STATES MAGISTRATE JUDGE
JOSE LUIS REYNALDO REYES-CASTILLO, MIGUEL TORRES-ESCOBAR, and
DAVID ARTURO PEREZ-MANCHAME, through their respective
attorneys, hereby move the Court to amend the complex case
scheduling order entered in this case on June 7, 2019 (ECF
No. 28) as set forth below. Counsel for the government do not
oppose this motion. Given the complexity of the evidence,
volume of discovery, and death penalty protocol process (for
all three charged defendants), it is unreasonable to expect
each defendant could adequately prepare for trial within the
timeframe mandated by the Speedy Trial Act and the initial
complex case scheduling order .
AND VOLUME OF THE CASE
The Charges, Potential Penalties, and Case Status
April 30, 2019, a federal grand jury seated in Las Vegas,
Nevada returned a three-count Indictment charging three
defendants - JOSE LUIS REYN-ALDO REYES-CASTILLO, a.k.a.
“Molesto, ” MIGUEL TORRES-ESCOBAR, a.k.a.
“Chamilo, ” and DAVID ARTURO PEREZ-MANCHAME,
a.k.a. “Walter Melendez, ” a.k.a.
“Herbi” -- with offenses related to the January
21, 2018 murder of Arquimidez Sandoval-Martinez. (ECF No. 1).
More specifically, all three defendants are charged with
Murder in Aid of Racketeering (VICAR Murder), in violation of
Title 18, United States Code, Sections 1959(a)(1) and 2
(Count One); Using, Carrying, and Discharging a Firearm
During and In Relation to a Crime of Violence, in violation
of Title 18, United States Code, Sections 924(c) (Count Two);
and Causing Death Through the Use of A Firearm, in violation
of Title 18, United States Code, Sections 924(j) and 2 (Count
Counts One and Three are both death penalty eligible
offenses. Count Two carries a mandatory minimum penalty of 10
years' imprisonment and a statutory maximum penalty of
Indictment alleges that the defendants were members and
associates of the criminal street gang Mara
Salvatrucha, commonly known as MS-13, and the Parkview
clique in Las Vegas, Nevada, specifically. The Indictment
further alleges that MS-13, including its leaders, members,
and associates, constituted an enterprise which engaged in
racketeering activity consisting of multiple acts involving
murder, kidnapping, and robbery, among other offenses.
discovery in this case will be voluminous. It includes, but
is not limited to, thousands of pages of documents, including
the complete “murder book”, investigative reports
from both federal and state agencies, court documents,
photographs, medical examiner reports, summaries and/or
transcripts of multi-hour interviews with various individuals
(several of which involve Spanish speakers and are in the
process of being translated), toll records, forensic reports
and related data, social media records, and other such
materials; multiple audio and video recordings; and items of
physical evidence, including clothing, knives, firearms, and
other such items.
September 26, 2019, the Court granted the parties motion for
a protective order governing discovery. (ECF No. 41).
or about October 15, 2019, the Government produced initial
discovery involving its “murder book” for the
Sandoval-Martinez murder as set forth in paragraph 4, above.
The defendants have begun reviewing this discovery and will
require substantial additional time in order to thoroughly
review the discovery, conduct any necessary follow-up
investigation, apprise their clients of the nature of the
evidence against them, and research, prepare, and file any
necessary pretrial motions that defense counsel deem
necessary given the evidence and posture of the case. Counsel
will also need to review discovery in order to make an
informed decision as to whether to seek a plea agreement.
number of counsel in this case, including both counsel for
defendant Perez-Manchame and learned counsel for defendant
Torres-Escobar, have also been representing parties in a
pending trial in United States v. Palafox, No.
2:16-CR-0265-GMN. That trial started on July 29, 2019 and is
not expected to conclude until later this month.
Moreover, all three defendants are charged with death penalty
eligible offenses. Whether the government decides to seek
death or seek approval not to seek death, such requires
compliance with death penalty protocol processes which will
be time-consuming and will require participation of counsel
for each defendant with regard to presenting mitigating
information. Defense counsel will need sufficient time to
accumulate mitigation information to present to the United
States Attorney and the Attorney General of the United
Proposed Complex Case Schedule
The Initial ...