United States District Court, M.D. Alabama, Southern Division
ORDER ON ARRAIGNMENT
Russ Walker United States Magistrate Judge
November 20, 2018, the defendant, William Daniel Castedo,
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 on
or before noon on February 7, 2019.
case is set for jury selection at 10:00 a.m. on
February 19, 2019 in Dothan, Alabama before
Chief United States Magistrate Judge Susan Russ
Walker. A definite trial date will be determined at
the time of jury selection, but counsel should be
prepared to begin trial on the day of jury selection before
the undersigned Chief United States Magistrate
Judge. Any requested voir dire questions and jury
instructions must be filed no later than one week
before jury selection.
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 Conference by telephone is set for January 14, 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.
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
must be consistent with the conference and certification
requirements set forth in paragraph 4 of this order and must
be filed no later than January 29, 2019. 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.
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 provided initial disclosures to defendant
prior to or at arraignment the government is ORDERED to
tender initial disclosures to the defendant no later than 7
days after the date of this order. Disclosure by the
defendant shall be provided no later than 14 days after the
date of this order. No attorney shall file a
discovery motion without first conferring with
opposing counsel, and no motion will be considered
by the court unless it is accompanied by a certification of
such conference and a statement of the moving party's
good faith efforts to resolve the subject matter of the
motion by agreement with opposing counsel. No discovery
motion shall be filed for information or material within the
scope of this Rule unless it is a motion to compel, a motion
for protective order or a motion for an order modifying
discovery. See Fed. R. Crim. P. 16(d). Discovery requests
made pursuant to Fed. R. Crim. P. 16 and this Order require
no action on the part of this court and shall not be filed
with the court, unless the party making the request desires
to preserve the discovery matter for appeal.