United States District Court, M.D. Alabama, Northern Division
ORDER ON ARRAIGNMENT
Russ Walker United States Magistrate Judge
November 7, 2018, the defendant, James Franklin, Jr.,
appeared in person and in open court with counsel, Nate
Wenstrup, 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
December 5, 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 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. 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
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 Chief United
States District Judge William Keith Watkins on the
trial term beginning on February 4, 2019, 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.
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
at http://www.almd.uscourts.gov/forms/almd-local-rules) 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 ...