United States District Court, M.D. Alabama, Northern Division
ORDER ON ARRAIGNMENT
RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE.
January 31, 2017, the defendant, MARRIO TERRELL HAWKINS,
appeared in person and in open court with counsel, Spencer
Hahn, and was arraigned in accordance with the provisions of
Rule 10 of the Federal Rules of Criminal Procedure.
The defendant entered a plea of NOT GUILTY. Counsel for the
defendant is requested to contact the U.S. Attorney
immediately if the defendant intends to engage in plea
negotiations. If the defendant decides to change this plea,
the parties shall file a notice of intent to plead guilty or
otherwise notify the clerk's office at or before the
pretrial conference and then this action will be set on a
SENTENCING GUIDELINES INFORMATION. The court no longer
requires the United States Probation Office to provide
preliminary sentencing guideline information to defendants.
However, in difficult or complex cases defendants may request
the United States Probation Office to provide Sentencing
Guideline calculation assistance with the understanding that
any estimate is tentative only and is not binding on the
United States Probation Office, the parties or the court. The
court expects that requests for Sentencing Guideline
calculation assistance shall be the exception and that
defendants will not make such requests a matter of routine. A
request for Sentencing Guideline calculation assistance shall
be made in writing to the supervisor of the Presentence
Investigation Unit of the United States Probation Office not
later than 10 days from the date of this order. The
calculation shall be completed not later than one week before
the pretrial conference.
CONFERENCE. An initial pretrial conference is hereby set
for March 15, 2017 at 3:00 p.m. Courtroom 5B, Frank J.
Johnson, Jr. Federal Building and United States Courthouse
Complex, One Church Street, Montgomery, Alabama before Chief
United States Magistrate Judge Susan Russ Walker. Not later
than three days prior to the date of the pretrial conference,
counsel shall confer about the issues and matters to be
discussed at the pretrial conference as set forth in this
order. Counsel who want in-custody defendants to attend must
notify the Magistrate Judge within three days of the
conference date so that an order to produce can be issued to
the United States Marshal.
pretrial conference defense counsel and counsel for the
government shall be fully prepared to discuss all pending
motions, the status of discovery, possible stipulations, and
the estimated length of the trial. The defense counsel and
counsel for the government shall be fully prepared to provide
a definite commitment as to the final disposition of this
case - by trial, plea or other non-trial disposition. If
resolution of a dispositive motion will affect the nature of
this commitment, counsel must be fully prepared to discuss
this type of resolution. If the case is for plea, the notice
of intent to enter a plea should be filed at the time of the
pretrial conference. If counsel require additional time for
plea negotiations, counsel should be prepared to inform the
court about the date when those negotiations will be
At arraignment, the parties agreed that due to the nature of
this case, the need for adequate time for discovery and the
need for counsel to have adequate time for trial preparation,
the case should be set for trial before Senior United States
District Judge W. Harold Albritton, III on the trial term
beginning on April 17, 2017, at 10:00 a.m., in Montgomery,
Alabama, unless otherwise ordered by the court.
setting this case for trial on the term indicated above, the
court recognizes that the Speedy Trial Act places limits on
the court's discretion, and that under the act, the trial
of a defendant must commence within 70 days of the date of
the indictment or the date of the defendant's first
appearance before a judicial officer, whichever is later. 18
U.S.C. § 3161(c)(1). In determining whether a case
should be set after the expiration of the 70 day period, a
court must consider among other factors “[w]hether the
failure to [set the case at a later date] ... would be likely
to ... result in a miscarriage of justice.” 18 U.S.C.
§ 3161(h)(7)(B)(I). The court also must consider
“whether the failure to grant such a continuance ...
would deny counsel for the defendant or the attorney for the
government the reasonable time necessary for effective
preparation, taking into account the exercise of due
diligence.” 18 U.S.C. § 3161(h)(7)(B)(iv). Based
on the nature of this case, the parties' need for
adequate time for discovery and the need for counsel to have
adequate time for trial preparation, the court finds that the
ends of justice served by setting this case on this trial
term outweigh the best interest of the public and the
defendant in a speedy trial.
MOTIONS. All pretrial motions under Fed.R.Crim.P. 12(b)
and (d), 14 and 16, all notices under Fed.R.Crim.P. 12.1,
12.2 and 12.3, and any motion to compel pursuant to M.D. Ala.
LCrR 16.1 Criminal Discovery (a copy of this Rule may be
must be filed no later than TWO DAYS BEFORE THE FIRST
PRETRIAL CONFERENCE HELD IN THIS CASE, except that if the
pretrial conference falls on Monday, the deadline for filing
pretrial motions is always the preceding Wednesday. No motion
filed after this date will be considered unless filed with
leave of court. A continuance of the pretrial conference or
trial does not extend the motions deadline. THE CONFERENCING
REQUIREMENT SET FORTH IN M.D. Ala. LCrR 16.1(C) CRIMINAL
DISCOVERY SHALL BE MET BEFORE THE COURT WILL CONSIDER ANY
DISCOVERY MOTION. THE COURT WILL DENY MOTIONS TO ADOPT
MOTIONS FILED BY OTHER DEFENDANTS.
to suppress must allege specific facts which, if proven,
would provide a basis of relief. This court will summarily
dismiss suppression motions which are supported only by
general or conclusory assertions founded on mere suspicion or
conjecture. All grounds upon which the defendant relies must
be specifically stated in the motion in separately numbered
paragraphs in a section of the motion which is labeled
"Issues Presented." Grounds not stated in the
"Issues Presented" section of the motion will be
deemed to have been waived. See generally United States
v. Richardson, 764 F.2d 1514, 1526-27 (11th Cir. 1985).
government shall file a response to all motions filed by the
defendant on or before five days prior to the date set for a
hearing on the motion or, if no hearing is necessary, on or
before ten days after the date of the pretrial conference.
All discovery in this action shall be conducted according to
the requirements of M.D. Ala. LCrR 16.1 Criminal Discovery.
Unless the government provided initial disclosures to
defendant prior to or at arraignment, the government is
ORDERED to tender initial disclosures to the defendant on or
before January 31, 2017. Disclosures by the defendant, as
required by M.D. Ala. LCrR 16.1(a)(4) shall be provided on or
before February 7, 2017.
ACT STATEMENTS. The government agrees to provide defense
counsel with all Jencks Act statements no later than the day
scheduled for the commencement of the trial.
APPEARANCE OF COUNSEL. Counsel of record for all parties
are ORDERED to appear at all future court proceedings in this
criminal case. Those attorneys who find it impossible to be
in attendance (especially at the pretrial conference, jury
selection, or trial) must make arrangements to have
substitute counsel appear on behalf of their clients. Any
attorney who appears as substitute counsel for a defendant
shall have full authorization from the defendant to act on
his or her behalf and be fully prepared to proceed.
Substitute counsel shall not be counsel for a co-defendant