USA v. Cedeno et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA, 	)
)
vs. 	) 	Criminal Action No. 23-00022-KD-B
)
RAIMUNDO CEDENO, JESUS ACUNA, 	)
and RANDY GADJAHAR, 	)
)
Defendants. 	)
ORDER
Upon sua sponte review of the docket, the Court finds that Defendants Jesus Acuna and
Randy Gadjahar moved the Court to join and adopt Defendant Raimundo Cedeno’s Motion to
Dismiss the Indictment (docs. 112, 113). Accordingly, the Order denying the Motion to Dismiss
is VACATED (doc. 114) and Defendant Acuna’s and Gadjahar’s motions to join and adopt are
GRANTED.
Accordingly, this action is now before the Court on the Motion to Dismiss the Indictment
filed by Defendant Cedeno (doc. 98), joined and adopted by Defendants Acuna and Gadjahar
(doc. 112, 113), and the United States response (doc. 109). Defendants argue that the Indictment
should be dismissed because the Maritime Drug Law Enforcement Act (MDLEA) 46 U.S.C. §
70501, et seq., is unconstitutional on its face and as applied to them, and that their right to a
speedy trial has been violated. See 18 U.S.C. § 3161, et seq.1
1 Cedeno objects to the United States’ alleged failure to timely produce discovery (doc.
98, p. 13). However, Cedeno does not appear to have complied with S.D. Ala. Criminal Local
Rule 16(d) which states that as to “Motions for Discovery”, “No attorney shall file a discovery
motion without first conferring with opposing counsel, and no motion will be considered by the
Court unless it is accompanied by a certification of such conference and a statement of the
moving party’s good faith efforts to resolve the subject matter of the motion by agreement with
(Continued)
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Upon consideration, and for reasons set forth in the United States’ response, which the
Court adopts and incorporates as the rationale for its decision, the Motions to Dismiss are denied.
DONE and ORDERED this 25th day of April 2023.
/s / Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
opposing counsel.” (Emphasis added). Additionally, the United States’ reports that it has sent the
discovery to Cedeno’s counsel (doc. 109, p. 8).
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