Order Setting Jury Trial as to Emmanuel Bully — USA v. Bully (Jr) (Dkt. 7, S.D. Fla. No. 9:23-mj-08415, docketed in No. 9:23-cr-80141)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:23-cr-80141-DMM · Doc. 7 · 2023-08-22 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
Case No.  23-80141-CR-MIDDLEBROOKS 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
vs. 
 
 
 
 
 
 
 
      
EMMANUEL BULLY, JR., 
 
 
 
Defendant(s). 
___________________________________/ 
ORDER SETTING JURY TRIAL 
 
IT IS HEREBY ORDERED that the above-entitled cause is hereby set for Trial before 
the Honorable Donald M. Middlebrooks, United States District Judge, at United States District 
Court, 701 Clematis Street, West Palm Beach, Florida, during the two-week period 
commencing September 25, 2023 at 9:00 am, or as soon thereafter as the case may be called. 
 
PLEASE TAKE FURTHER NOTICE that a Calendar Call will be held on September 
19, 2023 at 1:15 pm at the United States District Court, 701 Clematis Street, Courtroom 7, 2nd 
Floor, West Palm Beach, Florida.    Defendants are required to appear at calendar call. At the 
request of the parties, the Court will entertain a change of plea at the calendar call.  PLEASE 
NOTE:   Qualification for Acceptance of Responsibility is jeopardized if an intention to 
enter a plea of guilty is not announced at or before the calendar call noted above.  see 
United States Sentencing Commission Guidelines Manual, §3E1.1 application notes 1(h) and 
6 ("[to] qualify under subsection (b)(2) the defendant must have notified authorities of his 
intention to enter a plea of guilty at a sufficiently early point in the process so that the 
government may avoid preparing for trial and the court may schedule its calendar 
efficiently."). 
Case 9:23-cr-80141-DMM   Document 7   Entered on FLSD Docket 08/22/2023   Page 1 of 4

 
1. 
All requests for Writs Ad Testificandum must be filed not later than fourteen (14) 
business days prior to the first day of the scheduled trial period to insure adequate time for 
processing. 
2. 
On the first day of trial, counsel shall prepare and submit to the Court proposed 
jury instructions with the substantive charges and defenses.  Counsel shall also e-mail a copy of 
the instructions in Word format to the Court’s e-file address at middlebrooks@flsd.uscourts.gov.   
To the extent these instructions are based upon the Eleventh Circuit Pattern Jury Instructions, 
counsel shall indicate the appropriate Eleventh Circuit Pattern Jury Instruction upon which their 
instruction is modeled. 
3.  All responses to the Standing Discovery Order and/or Local Rule 88.10 shall be 
provided timely. Noncompliance may result in sanctions.  Fed. R. Evid. 404(b) notices shall 
include a specific factual basis for the evidence sought to be introduced. 
 
4.  Initial and Supplemental discovery responses provided “out-of-time” shall include a 
statement in the first paragraph of the response explaining why Criminal Discovery was not 
complied with in a timely fashion. 
 
5.  No later than the beginning of the government's case-in-chief, counsel for the 
government shall present a list of proposed witnesses and/or exhibits.  Counsel for the 
defendant(s) shall provide a list of proposed witnesses and/or exhibits at the beginning of the 
defense case-in-chief or if evidence is submitted during the government's case, at such time 
evidence is first offered.  All exhibits offered into evidence must be pre-labeled in accordance 
with the proposed exhibit list.  Exhibit labels shall include the case number. The Parties exhibit 
list should be prepared using the Administrative Office’s form 187 (AO-187).  The Parties are 
responsible for complying with the Southern District of Florida’s Administrative Order 2016-70, 
which was entered on November 22, 2016, concerning the electronic submission of admitted 
Case 9:23-cr-80141-DMM   Document 7   Entered on FLSD Docket 08/22/2023   Page 2 of 4

exhibits.1  Counsel shall also submit to the Court in writing any motions in limine regarding trial 
issues at the Calendar Call/Status Conference. 
 
6.  Counsel are instructed that arrangements for appropriate clothing for Defendants in 
custody must be made with the Bureau of Prisons at least seven (7) days prior to the scheduled 
trial date. 
 
7.  Counsel are further instructed to notify the Court, if an interpreter is required, at least 
24 hours prior to any hearing or trial. 
 
8.  Any attorney seeking exoneration of a cash bond shall obtain a copy of the form 
entitled "Motion for Disbursement of Bond" from the clerk of court or file the appropriate 
motion.  
 
9.  If either party seeks to introduce transcript(s) at trial, the moving party shall present a 
copy to all counsel not less than ten (10) days prior to the scheduled trial date.  If a transcript 
cannot be agreed upon, each party shall produce their own version of the transcript for 
presentation to the trier of fact.  Government counsel shall notify the case agent/client agency of 
this requirement. 
 
10.  Counsel shall reduce all stipulations to writing prior to trial. 
 
11.  Absent an emergency or other good cause shown, any motion for continuance must 
be filed seven (7) calendar days prior to calendar call.  All motions shall be accompanied by a 
written statement certifying that counsel for the moving party has conferred with opposing 
counsel in a good faith effort to resolve by agreement the subject matter of the motion as 
required by Local Rule 88.9. 
 
1 Note that any exhibits admitted during a hearing are also required to be filed electronically on 
the docket after the hearing.  See Administrative Order 2016-70.  
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12.  If defense counsel anticipates that sentencing hearing will take more than thirty (30) 
minutes, the courtroom deputy clerk shall be advised not later than five (5) days prior to the 
hearing.  
 
13.  Any defense counsel who has or will represent witnesses, co-defendants, targets, or 
subjects in this or any other related criminal case shall notify the Court immediately so that a 
Garcia Hearing can be scheduled to resolve any potential or actual conflicts of interest.  It is the 
desire of the court that all Garcia Hearings be conducted as close to the time of arraignment as 
possible. 
14. 
CM/ECF PROCEDURES: 
 
COURTESY COPIES:  Notwithstanding the implementation of CM/ECF, all parties 
shall deliver a courtesy copy to the Intake Section of the Clerk’s Office on all dispositive 
motions and/or motions exceeding twenty-five pages.  This copy shall be bound and any 
Attachments and/or Appendices must be indexed with tabs. 
 
PROPOSED ORDERS:  Pursuant to the CM/ECF Administrative Procedures, counsel 
shall send a proposed order in Word format for ALL non-dispositive motions directly to 
Middlebrooks@flsd.uscourts.gov. 
 
 
DONE AND ORDERED at West Palm Beach, Florida, this 22nd day of August, 2023.   
 
 
 
Donald M. Middlebrooks 
United States District Judge 
 
cc: 
All Counsel of Record 
Case 9:23-cr-80141-DMM   Document 7   Entered on FLSD Docket 08/22/2023   Page 4 of 4

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