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United States v. Carnagie

February 15, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LINDA CARNAGIE, NINA MARIE CAMERON, LESLIE ROUSSEAU, ALBERTICO GALINDO, SONIA RAMIREZ, SANDRA LINDSEY, ROSAURA RAMIREZ, GAIL HENDERSON, DWAYNE VANDYKE, CHRISTOPHER ALLEN, DENISHA WALKER, DAVID WOMELY, RANDAL JONES, SHEILA LOCKETT, SHAWN GARRETTE, LINDA EDWARDS, LADONNA MULLINS, TRENSON L. BYRD, AKA TL BYRD, EMMITT COTTON, SENIOR, STAFFORD A. HILAIRE, TYRONE TENNYSON, ROBERT WEDGEWORTH, DARYL COLLINS, TRACIE LOCKHART, AARON BLATHERS, SEBASTIAN SCOTT, MICHAEL KEYS, QUNELL JEFFERSON, DONNA BLACKLOCK, MAURICE POOLE, MONICA FITE, AURELIA WALKER, WENDY WILKINS,AND ODIE WEBSTER, III, DEFENDANTS.



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.). 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

As of the date of this Order, a trial date has not been set for Defendant Aurelia Walker. Upon the setting of the trial, all trial preparation requirements set forth in this Order shall become in effect.

B. MOTIONS DEADLINES

1. Pretrial motions other than Motions to Suppress shall be filed on or before March | 1, 2006. Responses and Motions to Suppress shall be filed on or before March 10, 2006. | 2. A motions hearing is set for March 24, 2006 at 8:00 a.m. If no motions are filed, this hearing automatically will be vacated without further court order. The hearing will be non- evidentiary. 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 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 chambers. Motions in limine may be considered at the conference as will other outstanding pretrial motions.

Counsel should confer as to the required jury instructions prior to submission to avoid duplication. Jury instructions can be submitted as stipulated instructions or separately as proposed instructions. All proposed instructions shall be submitted double-spaced via email to (krieger_chambers@cod.uscourts.gov). Jury instructions shall contain the legal authority upon which same are based. All instructions submitted should contain language which is gender neutral or gender correct. Instructions should contain the caption "Instruction No. ", and the instruction itself, with no other titles, numbers, or authority.

3. Witness List. At the conference, the Government shall submit an original and three copies of the final Witness List (form available at www.co.uscourts.gov) to the court and one copy to the Defendant(s) unless previously provided. Please be sure that first and last names are spelled correctly (using capital letters only for proper names) and that any changes in name have been noted, as one copy will be ...


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