United States District Court, M.D. Alabama, Northern Division
ORDER ON ARRAIGNMENT
Russ Walker United States Magistrate Judge.
15, 2018, the defendant, CYRUS PHYFIER, appeared in person
and in open court with counsel and was arraigned in
accordance with the provisions of Rule 10 of the Federal
Rules of Criminal Procedure.
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 plea docket.
SENTENCING GUIDELINES INFORMATION.
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.
initial pretrial conference is hereby set for June
11, 2018 at 3:00 p.m. Courtroom
5B, Frank J. Johnson, Jr. Federal Building
and United States Courthouse Complex, One Church Street,
Montgomery, Alabama before 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
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. 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
case is set for trial before United States District
Judge Myron H. Thompson on the trial term beginning
on July 18, 2018, at 10:00
a.m., in Montgomery, Alabama, unless otherwise
ordered by the court.
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 found
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 ...