United States District Court, E.D. California
ORDER DENYING MOTION TO DISMISS OR SEVER (ECF NO.
LAWRENCE J. O'NEILL, UNITED STATES DISTRICT JUDGE.
March 28, 2018, defendant Luis Reynaldo Reyes Castillo was
arrested, made an initial appearance, and was detained in the
district of Nevada on a complaint charging him and three
others with assault with intent to commit murder, kidnapping,
and discharging a firearm in relation to a crime of violence.
See ECF No. 70-1 at 3 n. 1 (citing United States
v. Diaz-Orellana, et. al., D. Nev. No. 2:18-mj-0361-VCF)
(“2018 Nevada Case”)).
April 26, 2018, the government filed the Indictment in this
case, charging Reyes Castillo, Jose Audon Reyes Barrera, and
Nilson Israel Reyes Mendoza with assault with a dangerous
weapon in aid of racketeering in violation of 18 U.S.C.
§§ 1959(a)(3) and 2 (count 1) and conspiracy to
commit assault with a dangerous weapon in aid of racketeering
in violation of 18 U.S.C. §§ 1959(a)(6) (count 2).
ECF No. 11 (“EDCA Case”).
the District of Nevada granted the government's motion to
dismiss the charges in the 2018 Nevada Case against Reyes
Castillo under Federal Rule of Criminal Procedure 48(a), and
Defendant was transported from Nevada to Fresno to face the
charges in this District. 2018 Nevada Case, Docket Nos. 36,
23, 2018, Reyes Castillo entered an initial appearance in
this District (in the EDCA Case) and was ordered detained.
ECF No. 10. In an order filed March 6, 2019, this Court set a
schedule for discovery, motions, and a joint jury trial
starting June 2, 2020. ECF No. 52. Attorney Marc Days
represents Reyes-Castillo in the EDCA Case. Mr. Days agreed
to the June 2, 2020 trial date. ECF No. 63 (Reporters
Transcript of proceedings held on Mar. 4, 2019 at 26:7).
April 30, 2019, the government filed an indictment in the
District of Nevada, charging Reyes Castillo and two other
defendants, Miguel Torres-Escobar and David Arturo
Perez-Manchame, with murder in aid of racketeering in
violation of 18 U.S.C. §§ 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 18 U.S.C.
§ 924(c) (count two); and causing death through the use
of a firearm in violation of 18 U.S.C. § 924(j) and 2
(count three). See United States v. Reyes-Castillo, et.
al., D. Nev. No. 2:19-CR-0103-JCM (“2019 Nevada
Case”), Docket No. 1. Counts one and three in the 2019
Nevada Case carry a possible death sentence. See id.
at Docket No. 44 at 2. Attorney John Balazs represents
defendant Reyes Castillo in 2019 Nevada Case as learned
counsel along with lead counsel Richard Wright of Las Vegas,
Nevada. See id. at Docket Nos. 34, 37.
order filed June 7, 2019, the district judge assigned to the
2019 Nevada Case approved the parties' proposed schedule
for discovery, motions, and a jury trial to be set in the
Fall of 2020. Docket 28 (attached as Exhibit A). The trial is
estimated to last approximately eight weeks. Exh. A, at
then moved, on November 4, 2019, under Federal Rule of
Criminal Procedure 48(b)(3) to dismiss without prejudice the
EDCA charges against him or sever those charges from the
charges against his codefendants for later trial. ECF No. 70
at 5. Defendant does not dispute he is properly joined in the
EDCA Case. Rather, Defendant seeks dismissal without
prejudice or severance to “permit the defense to be
able to fully consult with Reyes Castillo and prepare for the
death penalty authorization process and a potential capital
trial in the District of Nevada.” Id. at 6.
Defendant asserts that the schedule of this matter
must give way to the amount of work that will be required to
prepare for the death penalty proceedings in
is requesting relief from the wrong court. Defense counsel
agreed to the trial date in this case before the pending
indictment was filed in Nevada. This Court does not have the
time or resources to try the case before it twice. It is up
to the District of Nevada to determine whether the
circumstances, including the nature of the proceedings before
it and the time required of counsel to prepare for the EDCA
case, warrant any further modifications to the Nevada
 The Court's review of the 2019
Nevada Case docket suggests that the District of Nevada may
already have offered Defendant some relief there.
See 2019 Nevada Case, Docket No. 44 (changing trial
date to Spring 2021). Because Defendant did not withdraw his
motion here, the Court assumes Defendant continues to seek