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United States v. Martinez

United States District Court, D. Colorado

November 30, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
ERNESTINE MARYANN MARTINEZ, Defendant.

TRIAL PREPARATION ORDER

Marcia S. Krieger, JUDGE

THIS MATTER comes before the Court following the Advisement on Indictment, Arraignment and Discovery Conference held in compliance with District Court General Order 2015-1 (Durango and Grand Junction Protocol). In accordance with the Durango and Grand Junction Protocol, the Magistrate Judge has set a preliminary trial date in compliance with the Speedy Trial Act (18 U.S.C. ยง 3161, et. seq.) and preliminary pretrial deadlines. Those Orders are hereby supplemented as follows:

IT IS HEREBY ORDERED:

The initial trial setting in this matter for a five-day trial to a jury of twelve, plus alternates, is December 7, 2015, at 8:30 a.m., in the United States District Court for the District of Colorado, 103 Sheppard Drive, Durango, Colorado. Motions[1] shall be filed on or before November 30, 2015. Responses shall be filed on or before December 3, 2015. A Trial Preparation Conference/Motion Hearing will be held by video conference on December 3, 2015, at 4:00 p.m.

A. CONSENT OF THE DEFENDANT (Consent Form)

The Consent Form found at http://www.cod.uscourts.gov/Portals/0/Documents/LocalRules/Consent%20Form Durango-GJ% 20Protocol%20Fillable.pdf shall be filed by the Defendant no later than the date set by the Magistrate Judge for the filing of motions on December 3, 2015. The administration of the case will be governed by the selections made on the Consent Form. Upon consent of the Defendant:

• The Magistrate Judge will determine any motion for continuance of the trial date or exclusion of time under the Speedy Trial Act and set trial dates.
• The Magistrate Judge will set pretrial deadlines; hear and make recommendations on any pretrial motion.[2]
• The Magistrate Judge will give advisements with regard to changes of plea and conduct the change of plea hearing, and make a recommendation as to whether such plea should be accepted, and schedule a sentencing hearing.
• The Magistrate Judge will preside over any hearing for revocation of probation and/or supervised release and/ or make a recommendation as to a finding of violation(s) or not.

Motions falling within the consent of the Defendant are hereby REFERRED to the magistrate judge.

All sentencings and matters to which the Defendant does not consent will be heard by the undersigned. To the extent possible such matters will be heard in Durango, Colorado, on the second week of alternate months. Alternatively, such matters (where constitutionally permissible) will be held by video conference with the undersigned appearing in Denver. The Defendant may consent on the consent form to the holding of a sentencing hearing by video conference.

B. PLEA AGREEMENTS

Absent Court Order, a Notice of Disposition shall be filed no later than 14 days before the trial date. If the parties consent to Magistrate Judge West conducting the Rule 11 advisement, they shall file a consent at the time of filing the Notice of Disposition. At the Change of Plea Hearing, the original of the Plea Agreement and Statement in Advance should be marked as exhibits. If an Information is to be proffered, it should be marked as well. Oral motions to dismiss counts pursuant to the Plea ...


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