Order as to Carlos Smith: Arraignment proceedings — USA v. Smith (Dkt. 9, N.D. Ill.)

Summary

Document 9, filed 01/14/21 in Case 1:20-cr-00922 in the Northern District of Illinois, is an order on arraignment proceedings for defendant Carlos Smith, who consents to proceed by telephone. The court finds him unable to afford counsel and appoints Kent Carlson of the Federal Defender Program under the CJA, and he enters a plea of not guilty to the charges in the Indictment. The court orders the government to comply with its disclosure obligations under Brady, warning of sanctions for failure. A discovery conference is to occur by 1/21/21, a status report is due 2/23/21, time is excluded through 2/25/21, and the parties agree on certain conditions of release.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

proceedings held as to Carlos Smith.  Defendant Smith consents to proceed via 
telephone.  The court finds defendant unable to afford counsel.  Kent Carlson of the Federal 
Defender Program is appointed to represent defendant under the CJA.  Defendant acknowledges 
receipt of the indictment and waives formal reading.  Defendant enters plea of not guilty to the 
charges in the Indictment.  The parties are advised, under Federal Rule of Criminal Procedure 
5(f)(1) and U.S. Supreme Court decisions including Brady v. Maryland, that the prosecutor has 
federal constitutional disclosure obligations in this case. The Court orders the government to 
comply with its Brady obligations.  The parties are further advised that the government’s failure 
to comply with its Brady obligations may result in sanctions, including, but not limited to, 
adverse jury instructions, dismissal of charges, and contempt proceedings.  Local Criminal Rule 
16.1(A) conference shall occur by 1/21/21.  The parties shall file a status report on 2/23/21, with 
an update on the production and review of discovery, and whether a deadline for pretrial motions 
should be set. The court excludes time through 2/25/21 under 18 U.S.C. § 3161(h)(7) to serve the 
ends of justice, without objection.  Excluding time will allow the parties the reasonable time 
necessary to effectively prepare the case, which includes time to produce and review discovery 
materials and consider pretrial motions.  Such delay outweighs the interests of the public and the 
defendant in a speedy trial.  The government and defense agree on certain conditions of release.  
Enter Order Setting Conditions of Release.  Enter Appearance Bond. Defendant is directed to 
make arrangements for processing with the U.S. Marshal Service.  
Case: 1:20-cr-00922 Document #: 9 Filed: 01/14/21 Page 1 of 1 PageID #:42

File and source

File

gov.uscourts.ilnd.394355.9.0.pdf

Size

68,844 bytes

SHA-256

642e8c5d2d27ad0b9194abf693b6e6b8e15285c27f93d47544ef10ea1841d158

Our copy

gov.uscourts.ilnd.394355.9.0.pdf

Original

PACER (login required)