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United States v. Greenhaw

February 7, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID BRANDON GREENHAW, DEFENDANT.



The opinion of the court was delivered by: Honorable Marcia S. Krieger

SETTING AND TRIAL PREPARATION ORDER

THIS MATTER comes before the Court for setting of trial and pretrial deadlines. The parties have previously contacted the Court and advised the Court of the deadlines applicable pursuant to the Speedy Trial Act (18 U.S.C. §3161, et. seq.) and obtained preliminary dates. Pursuant to the agreement of the parties and in accordance with the Speedy Trial Act and the Local Rules of the United States District Court for the District of Colorado effective April 15, 2002,

IT IS HEREBY ORDERED:

This Order may not be modified by agreement of the parties. Upon timely application, however, either or both parties may seek modification as may be necessary to meet a bona fide emergency, to avoid irreparable injury or harm, or as may otherwise be necessary to do substantial justice.

A. TRIAL AND TRIAL PREPARATION SETTINGS

The initial trial setting in this matter for a four (4) day trial to a jury of twelve, plus alternates, is April 3, 2006 at 1:00 p.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. The final trial preparation conference is set for a one-half hour hearing on March 31, 2006 at 4:00 p.m. The parties are expected to be fully prepared for trial at that time. The Defendant and lead counsel who will try the case shall attend.

B. MOTIONS DEADLINES

1. Pretrial motions other than Motions to Suppress shall be filed on or before February 21, 2006. Responses and Motions to Suppress shall be filed on or before March 2, 2006.

2. A motions hearing is set for March 16, 2006 at 4:00 p.m. If no motions are filed, this hearing automatically will be vacated without further court order. The hearing will be nonevidentiary. Please be prepared to argue pre-trial motions other than suppression motions. For Motions to Suppress, the hearing will be used as a scheduling conference. If further hearings are required and cannot be accommodated before the initial trial date, it will be vacated at the motions hearing.

C. PLEA AGREEMENTS

Local Rule D.C.COLO.LCrR 11.1 is applicable in this matter. A Notice of Disposition shall be filed no later than 14 days before the above stated trial date.

D. TRIAL PREPARATION REQUIREMENTS

1. Conflicts in Scheduling. Continuances of the trial will be granted only in truly exceptional circumstances upon grounds satisfying the provisions of the Speedy Trial Act

2. Motions and Jury Instructions. All motions in limine and proposed jury instructions must be filed and served at least one week prior to the final trial preparation conference. Responses to motions shall be filed at least 48 hours prior to the conference. In accordance with the Practice Standards - Criminal posted on the Court website, please ensure that courtesy copies of motions and responses reach ...


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