Opinion
CAP Dkt. No. 03-1407, District Ct. Dkt. No. S1 02 Cr. 477 (LAK).
September 7, 2005
Dear Judge Kaplan:
I represent Francisco Valentin on the above referenced matter. I write to memorialize the schedule for the resentencing proceeding and to request an assignment pursuant to the Criminal Justice Act (CJA).
Mr. Valentin was originally sentenced by the Honorable Robert J. Ward. The Court of Appeals remanded Mr. Valentin's case for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738 (2005) and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), and it ordered Mr. Valentin's production in court at the resentencing proceeding. The case was assigned to your Honor. Resentencing was rescheduled for October 21, 2005 at 11:45 a.m., with a due date of October 10, 2005 for Mr. Valentin's sentencing submission.
Please be advised that the resentencing date was changed from September 16, 2005 to October 21, 2005 based upon my discussion with Courtroom Deputy Andy Mohan on August 23, 2005. I requested rescheduling because I will be on trial from September 7, 2005 through the end of the month. AUSA Katherine Failla, who is handling the case for the government, is out of town until August 29, 2005. Although she has indicated that she is agreeable to rescheduling the resentencing proceeding, I have not confirmed with her the specific date of October 21st. Moreover, she may request additional time to respond after the filing of my papers. Should an adjustment of the schedule be requested by the government, either myself or Ms. Failla will contact Chambers upon her return.
I also write to request an assignment pursuant to the CJA for the resentencing proceeding. I was retained by Mr. Valentin's family to represent him on appeal. However, the fee arrangement did not include any post-appeal representation in the district court. Mr. Valentin is incarcerated and does not have the funds to hire private counsel to handle the resentencing. Nor, does Mr. Valentin's family have the means to hire counsel. Submitted herewith are affirmations from Mr. Valentin and his sister Nancy Martinez attesting to Mr. Valentin's and his family's inability to afford private counsel.
I am on the CJA Panel for the Southern District of New York. I am fully familiar with the circumstances of Mr. Valentin's case and am in the best position to represent him at the resentencing.
For the forgoing reasons and based upon the affirmations submitted herewith it is requested that I be assigned pursuant to the CJA to represent Mr. Valentin at the resentencing in the District Court.
Thank you for your consideration.
SO ORDERED