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United States v. Tovilla-Martinez

United States District Court, D. Colorado

February 17, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
1. CARLOS TOVILLA-MARTINEZ, a.k.a Carlos Martinez-Tovilla, Defendant.

SECOND TRIAL PREPARATION CONFERENCE ORDER

ROBERT E. BLACKBURN, UNITED STATES DISTRICT JUDGE

Pursuant to Fed. R. Crim. P. 17.1, and D.C.COLO.LCrR 17.1.1 and 53.1, the court enters this Second Trial Preparation Conference Order.

IT IS ORDERED as follows:

1. That all non-CJA[1] pretrial motions shall be filed by February 15, 2016;
2. That a response to a pretrial motion shall be filed within fourteen (14) days of the filing of the corresponding pretrial motion;
3. That regardless of how denominated, non-CJA motions shall not be filed out of time without leave of court[2]; regardless of how denominated, amended papers, including amended motions, petitions, responses, or replies shall not be filed without leave of court; regardless of how denominated, supplements to papers, including motions, petitions, responses, or replies, shall not be filed without leave of court; and regardless of how denominated, replies to responses shall not be filed without leave of court;
4. That any pretrial motion that the court determines should be set for hearing shall be set for hearing during a telephonic (non-appearance) setting conference on March 1, 2016, at 10:00 a.m. (MST);
5. That counsel for the government shall arrange, initiate, and coordinate the conference call necessary to facilitate the setting conference;
6. That unless ordered otherwise, jury selection shall commence April 5, 2016, at 8:30 a.m. (MDT), in the courtroom for Division 1 of the La Plata County District Court, at the La Plata County Courthouse, 1060 E. 2nd Ave, 2nd Floor, Durango, Colorado;
7. That following jury selection, all additional trial proceedings shall be conducted in the courtroom used by the United States District Court for the District of Colorado located at 103 Sheppard Drive, Durango, Colorado;
8. That the court reserves three (3) days for trial: Tuesday, April 5, 2016, through Thursday, April 7, 2016, at which the defendant shall appear for all purposes without further notice, order, or subpoena;
9. That any motion brought under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74, to exclude time for a speedy trial shall note and circumstantiate, inter alia, the specific amount of time to be excluded in computing the time for speedy trial under the act and shall provide non-conclusory reasons to justify the amount of time to be excluded as provided in United States v. Toombs, 574 F.3d 1262 (10th Cir. 2009); provided, furthermore, that, any motion to vacate and/or continue the trial, or any motion, which, if granted, would cause the trial to be vacated or continued shall address the factors enunciated in United States v. West, 828 F.2d 1468, 1469-70 (10thCir. 1987), pursuant to REB Cr. Practice Standard II.E.1;
10. That counsel and the defendant shall appear at the La Plata County Courthouse, 1060 E. 2nd Ave, 2nd Floor, in the courtroom for Division 1, Durango, Colorado, on the first day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the court, if necessary, any final details, arrangements, or requirements concerning the trial;
11. That a Trial Preparation Conference shall commence on April 4, 2016, at 11:00 a.m. (MDT), in the courtroom used by the United States District Court for the District of Colorado located at 103 Sheppard Drive, Durango, Colorado;
12. That lead counsel and the defendant shall attend the Trial Preparation Conference;
13. That at the outset of the Trial Preparation conference, each party shall submit on the Witness List form required by the court (an original for the court with copies for the courtroom deputy clerk and all other parties) a “will call” witness list enumerating the name and address of each witness that will be called and a “may call” witness list enumerating the name and address of each witness that may be called; provided, furthermore, that the “will call” witness list constitutes a representation on which the court and every other party may rely that the witnesses listed will be present and available to testify during trial;
14. That at the Trial Preparation Conference the parties shall be prepared to review and discuss, i ...

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