In mid-April, Judge Kenneth Hoyt (S.D. Texas) granted post-trial motions by Ramon Alexandro Rovirosa Martinez and ordered that he be released from prison. (See here).
Shortly thereafter, on May 8th, the DOJ filed a notice of appeal in the Fifth Circuit. (See here).
In a recent filing, the DOJ has indicated that it is unsure whether there will be an appeal, and if so, on what grounds.
A DOJ attorney with the Criminal Appellate Section stated:
“I am writing to request a 30-day extension of time, to and including August 14, 2026, in which to file the government’s opening brief […]. This is the government’s first request for an extension of time. Counsel for the defendant-appellee does not object.
The government has filed a notice of appeal from the district court’s post-trial order dismissing the indictment or, alternatively, entering a judgment of acquittal based on a purported Confrontation Clause violation. The government’s opening brief is currently due July 15, 2026. The case was handled in the district court by the Fraud Section of the Criminal Division of the U.S. Department of Justice in partnership with the United States Attorney’s Office for the Southern District of Texas. […]
The Office of the Solicitor General has not yet determined whether or on what grounds to allow a government appeal to proceed in this case.”
