Opinion
23-CR-309-JFH
10-31-2023
UNITED STATES OF AMERICA, Plaintiff, v. JULIA LYDIA SAVAGE, Defendant.
OPINION AND ORDER
JOHN F. HEIL, III., UNITED STATES DISTRICT JUDGE.
Before the Court is a sealed motion to declare this matter complex and to continue trial for 120 days (“Motion”) filed by the United States of America (“Government”). Dkt. No. 22. The Motion states that Defendant Julia Lydia Savage (“Defendant”) does not oppose either request. Id. at 3. For the reasons set forth below, the Motion is GRANTED.
The Indictment in this case charges Defendant with one count of Drug Conspiracy, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C). Dkt. No. 12. For the reasons set forth in the sealed Motion, pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii), the Court finds that this is a complex case and that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the limits established by 18 U.S.C. § 3161. The Court further finds that the ends of justice served by granting the continuance requested outweigh the interests of the public and Defendant in a speedy trial. Thus, pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii), the ends of justice dictate that the period of delay shall be excludable in computing the time from which the Indictment was filed and the time within which the trial of this action must commence.
IT IS THEREFORE ORDERED that the sealed motion to declare this matter complex and to continue trial filed at Dkt. No. 22 is GRANTED. The jury trial set for November 27, 2023 at 8:45 a.m. is stricken. The following amended scheduling order is hereby entered:
Joint status reports regarding production of discovery filed: 1/4/2024 2/1/2024
Notices filed: 2/1/2024
This includes all notices required by the Rules of Criminal Procedure and Evidence, including but not limited to, notices pursuant to Rule 16, 404(b), 412, 413, 414, or 609.
Motions and objections to notices filed: 2/8/2024
Absent good cause, motions in limine shall be filed by this date
Motions for bill of particulars shall be filed pursuant to FRCrP 7(f)
Pretrial conference: 2/29/2024 at 9:30 am
Voir dire, jury instructions, stipulations, & trial briefs filed: 3/15/2024
Witness and exhibit lists exchanged between counsel and 3/21/2024 by 4:00 pm emailed to courtroom deputy (do not file):
Three hard-copy exhibit binders delivered to Court: 3/21/2024 by 4:00 pm
Jury trial: 3/25/2024 at 8:45 am
Due to the Court's multi-district caseload, this schedule is relatively inflexible.
Pursuant to LCrR 47-2, any response shall be filed within seven days of any motion's filing. Replies are not permitted without leave of Court. If leave is granted, replies shall be limited to five pages.
Only one omnibus motion in limine per party and one motion to suppress per defendant is permitted without leave of Court.
The Court shall summarily deny without prejudice any motion that does not comply with LCrR 47-4, which requires a motion state on the first page whether or not it is opposed and, if opposed, state whether concurrence was refused or explain why concurrence could not be obtained.
The parties should meet and confer in good faith to discuss any stipulations that would streamline the issues at trial. Any stipulations agreed to should be submitted by the date listed.
If the parties anticipate a lengthy pretrial/motion hearing, they are directed to promptly contact the Courtroom Deputy and the hearing will be reset.
If the parties anticipate a plea of guilty, they are directed to promptly contact the Courtroom Deputy and a change of plea hearing (separate from the pretrial docket call) will be set. The parties must provide a petition to enter plea of guilty and any plea agreement (if applicable) to the Court and file any superseding information (if applicable) at least three business days prior to the change of plea hearing.
The parties are encouraged to review the Court's Criminal Guidelines.