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United States v. Freitas

United States District Court, M.D. Alabama, Southern Division

January 16, 2019

UNITED STATES OF AMERICA
v.
JARROD ANTHONY FREITAS

          ORDER ON ARRAIGNMENT

          SUSAN RUSS WALKER, UNITED STATES MAGISTRATE JUDGE

         On, November 20, 2018, the defendant, JARROD ANTHONY FREITAS, was arraigned in accordance with the provisions of Rule 10 of the Federal Rules of Criminal Procedure.

         1. PLEA.

         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 as soon as possible.

         2. TRIAL.

         This non-jury case is set for 10:00 a.m. on March 11, 2019 in Courtroom 5B, Frank M. Johnson, Jr. Federal Building and United States Courthouse Complex, Montgomery, Alabama. Any motions in limine shall be filed on or before March 4, 2019. Motions in limine must be accompanied by a brief. Failure to file a brief will result in denial of the motion. The government shall file its response, with a brief on or before March 7, 2019.

         In 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 information/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.

         3. PRETRIAL CONFERENCE.

         A Pretrial Conference by telephone is set for March 4, 2019 at 10:00 a.m. before Chief United States Magistrate Judge Susan Russ Walker. The government is directed to set up the conference call.

         4. PRETRIAL 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 found at http://www.almd.uscourts.gov/forms/almd-local-rules) must be consistent with the conference and certification requirements set forth in paragraph 4 of this order and must be filed no later than THREE WEEKS BEFORE TRIAL. No motion filed after this date will be considered unless filed with leave of court.

         Motions 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. See generally United States v. Richardson, 764 F.2d 1514, 1526-27 (11th Cir. 1985).

         The government shall file a response to all motions filed by the defendant on or before five days from the date that the motions are filed.

         5. ...


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