United States District Court, M.D. Alabama, Southern Division
ORDER ON ARRAIGNMENT
RUSS WALKER, UNITED STATES MAGISTRATE JUDGE
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.
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.
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.
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.
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.
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 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.
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).
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.