Opinion
Criminal Action No. 11-cr-00357-MSK
11-15-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. TROY A. ASHLEY; and 2. BRANDON D. SMITH, Defendants.
Honorable Marcia S. Krieger
ORDER AND NOTICE OF CHANGE OF PLEA AND SENTENCING HEARINGS
THIS MATTER comes before the Court following the filing of a Notice of Disposition (#32) on November 10, 2011, by Defendant Brandon D. Smith. The Court construes this Notice as a motion to change his/her plea and to have the Court consider the terms of the parties' plea agreement.
IT IS THEREFORE ORDERED that:
1. Pursuant to 18 U.S.C. § 3161(h)(1)(F) and (I), the speedy trial clock is tolled pending determination of those matters.
2. A Change of Plea hearing is set for December 28, 2011, at 1:30 p.m. and a Sentencing hearing is set for April 2, 2012, at 11:00 a.m. in the United States District Court for the District of Colorado, Courtroom A901, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado.
In criminal cases originating from the Grand Junction or Durango Jury Divisions of this Court, counsel shall be prepared to advise the Court at the time of the change of plea hearing whether a written request to have the sentencing hearing conducted at the courthouse in either Grand Junction or Durango will be filed. See Administrative Order 2007-8.
3. The final trial preparation conference set for December 16, 2011, and the December 19, 2011, trial date are VACATED.
BY THE COURT:
Marcia S. Krieger
United States District Judge