Court filing
Scheduling, Trial, and Continuance Order granting motion — USA v. Golden-Larimore et al. (Dkt. 66, W.D. Mo.)
Filed January 3, 2024 in Camonte Henderson; one of 14 filings from this case.
Record facts
| Court | U.S. District Court for the Western District of Missouri |
|---|---|
| Filed | 2024-01-03 |
U.S. District Court for the Western District of Missouri · No. 4:23-cr-00233-BCW · Doc. 66 · 2024-01-03 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
vs.
) Case No. 23-00233-01/06-CR-W-BCW
)
QUINNIECE SMITH, et al.,
)
)
Defendants.
)
SCHEDULING, TRIAL, AND CONTINUANCE ORDER
On October 18, 2023, the grand jury returned an indictment charging Defendants Renetta
Golden-Larimore (1), Camonte Henderson (2), Tajona Manning (3), Tashawn Mayfield (4),
Quinniece Smith (5), and Dannisha Taylor (6) with conspiracy to commit wire fraud in violation
of 18 U.S.C. § 1349 and wire fraud in violation of 18 U.S.C. § 1343. Doc. 1. The indictment also
contains a forfeiture allegation naming each defendant. Id. at 13-14.
I.
TRIAL SETTING
During the arraignment of Defendant Camonte Henderson, this matter was initially set on
the December 4, 2023 trial docket. Doc. 14. Defense counsel orally requested a continuance to
the March 18, 2024 Joint Criminal Jury Trial Docket based on needing additional time “to obtain
and review the discovery, and to meet and confer with Defendant.” Docs. 14, 17, 18. The Court
granted the motion. Id. Additionally, during the arraignments of Defendants Renetta Golden-
Larimore, Tajona Manning, Tashawn Mayfield, Quinniece Smith, and Dannisha Taylor the Court
notified Defendants that they are joined with co-defendants in this matter and are set for trial on
the March 18, 2024 Joint Criminal Jury Trial Docket. Docs. 40, 41, 46, 49, 56, 57. This matter
currently remains set on the March 18, 2024 Joint Criminal Jury Trial Docket. Id.
Case 4:23-cr-00233-BCW Document 66 Filed 01/03/24 Page 1 of 8
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On January 1, 2024, defense counsel for Quinniece Smith filed the pending motion to
continue. Doc. 61. Therein, defense counsel requests a continuance to the June 3, 2024 Joint
Criminal Jury Trial Docket. Id. at 1. Defense counsel explains the continuance is necessary
because she needs “additional time to review discovery, to conduct an independent legal and factual
investigation for pretrial motion preparation, to negotiate a resolution, and to prepare for trial.” Id.
at 2. Further, defense counsel notified Government counsel and counsel for co-defendants of the
requested continuance. Id. at 1-2. Counsel for Defendants Golden-Larimore and Henderson have
no objection to the requested continuance.1 Id. at 1-2. However, Government counsel objects and
“disputes that a continuance is necessary” and he “is unavailable [during] the June 2024 docket”
as he is scheduled for trial in a different matter. Id. at 1.
On January 3, 2024, the Court held scheduling conferences in this matter. Doc. 64, 65.
Present for a scheduling conference via video teleconference were Defendant Quinniece Smith, her
counsel Jane Francis, and Government Counsel Paul Becker. Doc. 64. Present for an in-person
scheduling conference were Defendant Taylor, her counsel Craig Divine, Defendant Henderson,
his counsel Arimeta DuPree, counsel for Defendant Renetta Golden-Larimore, and counsel for the
Government Paul Becker. Doc. 65. Defendant Renetta Golden-Larimore was not present due to a
medical emergency. Id.
During the scheduling conferences, the parties discussed, inter alia, the volume of discovery
and the status of the case. Docs. 64, 65. The Court also took up the pending motion to continue
and took note of the Government’s objection. Id. After discussing the requested continuance with
the parties and confirming there is no objection from Defendants Golden-Larimore or Henderson,
1 Defendants Tajona Manning, Quinniece Smith, and Tashawn Mayfield all have change of plea hearings currently
scheduled to take place in January 2024. Docs. 60, 62, 63.
Case 4:23-cr-00233-BCW Document 66 Filed 01/03/24 Page 2 of 8
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the Court orally granted a continuance to the April 29, 2024 Joint Criminal Jury Trial Docket. Doc.
65.
In any case in which a plea of not guilty is entered, the defendant’s trial shall commence
within seventy days from the filing of the information or indictment or the date of the defendant’s
first appearance, whichever comes last. 18 U.S.C. § 3161(c)(1) (Speedy Trial Act). In computing
the seventy-day time period, the periods of delay set forth in 18 U.S.C. § 3161(h) are to be excluded.
Any period of delay resulting from a continuance granted at the request of a defendant is excludable
if the Court finds the ends of justice served by the taking of such action outweigh the best interests
of the public and the defendant in a speedy trial, provided the Court sets forth the reasons for such
finding. See 18 U.S.C. § 3161(h)(7)(A).
In light of defense counsel’s need of additional time to review discovery, conduct
independent investigation, negotiate potential resolutions, and prepare for trial, the Court finds it
would be unreasonable to expect counsel to prepare this case for trial prior to March 18, 2024, and
thus, would deny Defendant a right to effective assistance of counsel. Upon consideration of the
factors set forth in 18 U.S.C. § 3161(h)(7)(B), the Court finds the ends of justice served by granting
a continuance outweigh the best interests of the public and the defendant in a speedy trial. The
Court, in ordering this case removed from the March 18, 2024 Joint Criminal Jury Trial Docket, is
not doing so because of congestion of the Court’s calendar, in accordance with 18 U.S.C. §
3161(h)(7)(C).
Based on the foregoing, Defendant’s Motion to Continue (Doc. 61) is GRANTED. This
case is removed from the Joint Criminal Jury Trial Docket which commences March 18, 2024, and
is set for the Joint Criminal Jury Trial Docket which commences April 29, 2024. Pursuant to 18
U.S.C. § 3161(h), the time between the date of this Order and May 10, 2024, the last day of the
Case 4:23-cr-00233-BCW Document 66 Filed 01/03/24 Page 3 of 8
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April 29, 2024 Joint Criminal Jury Trial Docket, shall be excluded in computing the time within
which this trial must commence.
II.
PRETRIAL FILINGS2
A.
PRETRIAL MOTIONS
On or before January 16, 2024, the parties shall file any relevant pretrial motions.
Any suggestions in opposition shall be filed within fourteen days from the date the
motion is filed unless otherwise ordered by the Court.
For defendants who are represented by counsel, the Court will only accept pretrial
filings made by counsel. Pro se filings will not be accepted for defendants who are
represented by counsel.
B.
WITNESS LISTS
The government and the defendant are directed to file in writing witness lists which
shall include the name and address of each witness whom counsel intends to call in its
case-in-chief, together with any record of prior felony convictions for such witness, no
later than fourteen days prior to trial. If a new witness is discovered after counsel
files its witness list, either prior to trial or during trial, counsel shall promptly notify
opposing defense and provide the discovery identified above.
C.
EXHIBIT LISTS
The government and the defendant are directed to file in writing exhibit lists which
shall include a description of each exhibit, pre-marked for identification, that counsel
intends to offer in its case-in-chief no later than fourteen days prior to trial.
D.
MOTIONS IN LIMINE
No later than fourteen days prior to trial, the parties should file any motions in
limine seeking to exclude evidence from trial. Any suggestions in opposition to the
motions in limine should be filed within seven days after the motion is filed.
2 For purposes of this Order, the reference to “trial” means the first day of the Joint Criminal Jury Trial Docket on
which the case is set.
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E.
STIPULATIONS
Any proposed stipulations should be provided in writing to opposing counsel and the
Court no later than fourteen days before trial.
III.
ADDITIONAL DISCLOSURES BY THE GOVERNMENT
A.
RELEVANT OFFENSE CONDUCT
No later than fourteen days prior to trial or a change-of-plea hearing, the
government is directed to disclose all information in its possession on which it will
rely to establish “relevant offense conduct” or to establish an upward departure
under the Federal Sentencing Guidelines.
B.
PRIOR CONVICTIONS
No later than fourteen days prior to trial, the government is directed to provide
a written list of the defendant’s prior felony convictions which the government
intends to use for impeachment.
C.
RULE 404(b) EVIDENCE
The government is directed to file written notice of all prior and subsequent acts
and convictions intended to prove knowledge, intent or other elements identified in
Rule 404(b) of the Federal Rules of Evidence no later than twenty-eight days
before trial.
D.
WITNESS INDUCEMENTS
No later than fourteen days prior to trial, the government is directed to provide
written disclosure of: (a) the name(s) and address(es) of the witness(es) to whom
the government has made a promise; (b) all promises, or inducements made to any
witness(es); (c) all agreements entered into with any witness(es); and (d) the
amount of money or other remuneration given to any witness(es).
E.
INFORMANTS
Unless the government has made a claim of privilege as to an informant, no later
than twenty-eight days prior to trial, the government is directed to provide: (a)
the name(s) and address(es) of the informant(s); (b) all promises or inducements to
the informant(s); (c) all agreements entered into with the informant(s); (d) the
amount of money or other remuneration given to the informant(s); (e) identification
of the informant’s prior testimony; (f) evidence of psychiatric treatment; (g)
evidence of the informant’s narcotic habit; and (h) the name, address and phone
number for the lawyer(s) for the informant(s) if represented by counsel. If an
informant objects to the disclosure of his or her address, the government shall
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produce the informant to defense counsel for a determination of whether or not the
informant will consent to an interview.
F.
GIGLIO IMPEACHMENT EVIDENCE
No later than fourteen days prior to trial, the government is directed to disclose
all evidence which may tend to adversely affect the credibility of any person called
as a witness by the government pursuant to Giglio v. United States and United
States v. Agurs, including the arrest and/or conviction record of each government
witness, any offers of immunity or lenience, whether made directly or indirectly, to
any government witness in exchange for testimony and the amount of money or
other remuneration given to any witness.
PLEASE NOTE: The parties are to be prepared to disclose to the Court at the
final pretrial conference in this case the method used to determine whether any
favorable evidence exists in the government’s investigative file. The government
is advised that if any portion of the government’s investigative file or that of any
investigating agency is not made available to the defense for inspection, the Court
will expect that trial counsel for the government or an attorney under trial
counsel’s immediate supervision who is familiar with the Brady and Giglio
doctrines will have reviewed the applicable files for purposes of ascertaining
whether evidence favorable to the defense is contained in the file. The Court
considers such evidence to include evidence favorable to the accused which may
have a bearing on guilt or punishment, and evidence which adversely affects the
credibility of any important government witness.
G.
STATEMENTS PRESENTING BRUTON ISSUES
Any statements of a co-defendant which the government intends to offer at trial and
which present Bruton issues along with proposed redactions should be filed no
later than twenty-eight days prior to trial.
IV. EXPERT TESTIMONY DISCLOSURES BY BOTH PARTIES
A.
RULE 16 EXPERTS
1.
No later than twenty-eight days prior to trial, the government must
disclose to the defendant, in writing, the information required by Rule
16(a)(1)(G)(iii) for any testimony that the government intends to use at trial
under Rules 702, 703, or 705 of the Federal Rules of Evidence during its
case-in-chief, or during its rebuttal to counter testimony that the defendant
has timely disclosed under Rule 16(b)(1)(C).
2.
No later than fourteen days prior to trial, the defendant shall disclose to
the government, in writing, the information required by Rule
16(b)(1)(C)(iii) for any testimony that the government intends to use at trial
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under Rules 702, 703, or 705 of the Federal Rules of Evidence during the
defendant’s case-in-chief at trial.
B.
MENTAL HEALTH EXPERTS/EVIDENCE
1.
On or before the date for filing pretrial motions, the parties must file any
motion seeking to determine the defendant’s mental competency pursuant
to 18 U.S.C. § 4241.
2.
On or before the date set for filing pretrial motions, the defendant shall
file a notice in writing which complies with the requirements of Rule 12.2
of the Federal Rules of Criminal Procedure stating:
a.
Whether the defendant intends to rely upon the defense of insanity
at the time of the alleged offense; and
b.
Whether the defendant intends to introduce expert testimony
relating to a mental disease or defect or any other mental condition
of the defendant bearing upon the issue of guilt.
3.
If the defendant gives notice under Rule 12.2(b) of an intent to present
expert testimony on the defendant’s mental condition, within two weeks of
giving notice under Rule 12.2, the defendant shall disclose to the
government, in writing, the information required by Rule 16(b)(1)(C)(iii)
for said expert(s). At the same time the defendant discloses said expert(s),
the defendant shall notify the Magistrate Judge to whom the case is referred
that the disclosure has been made and request that the Court set a conference
to establish additional deadlines.
V.
WITNESS ADDRESSES
In lieu of providing the address of any witness required by this Order, counsel for the
government or defendant may produce the witness for interview by opposing counsel.
VI.
JENCKS ACT MATERIAL
The standard practice in this district is for all parties to voluntarily agree to provide Jencks
Act material at least fourteen days prior to trial. If any party does not agree with this deadline,
the party must file a notice with the Court within seven (7) days of this Order noting their objection.
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VII.
PRETRIAL CONFERENCE
A pretrial conference is set for April 4, 2024. At the pretrial conference, the parties should
be prepared to discuss the following issues:
A.
Anticipated questions of admissibility of evidence;
B.
Any other questions of law on which the parties desire pretrial rulings;
C.
Facts or circumstances requiring a larger than normal jury panel (more than 45);
D.
Pending motions;
E.
Estimated trial time;
F.
Discovery problems;
G.
Possible stipulations (counsel should have proposed stipulations available for
review and signature by the parties at the conference);
H.
Number of exhibits to be offered at trial;
I.
Number of witnesses to be called at trial;
J.
Any objections to the anticipated witnesses or exhibits; and
K.
Changes of plea or potential dismissal of any of the charges.
VIII. CERTIFICATION OF COMPLIANCE
During the pretrial conference, counsel for the government and for each defendant will
be required to certify on the record that counsel has produced all discovery in accordance with the
deadlines established in the Arraignment and Discovery Order and has timely complied with all
pretrial filing deadlines established by the Scheduling and Trial Order up to the date of the pretrial
conference.
IT IS SO ORDERED.
DATE: January 3, 2024
/s/ W. Brian Gaddy
W. BRIAN GADDY
UNITED STATES MAGISTRATE JUDGE
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