Joint Assented to MOTION Modify Pretrial and Trial Schedule by USA as to Heath Gauthier.… — USA v. Gauthier (Dkt. 28)

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Joint motion by Heath Gauthier and the United States to modify the pretrial and trial schedule in United States v. Gauthier, Criminal Case No. 1:23-cr-00015-JL, U.S. District Court for the District of New Hampshire, filed 09/05/23 as Document 28. It recounts that a February 15, 2023 indictment charged him with wire fraud, attempted wire fraud and aggravated identity theft over CARES Act loans, and that trial had been set for October 3, 2023. On August 2, 2023, a superseding indictment repeated those charges and added a count of possession of child pornography. Citing the new charge and possible negotiations short of trial, the parties ask the court to set an approximately two-week trial beginning February 7, 2024.

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW HAMPSHIRE 
 
 
UNITED STATES OF AMERICA 
 
               v. 
 
HEATH GAUTHIER 
 
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Criminal Case No. 1:23-cr-00015-JL 
 
 
 
 
JOINT MOTION TO MODIFY PRETRIAL AND TRIAL SCHEDULE 
 
The defendant, Heath Gauthier, through counsel, Dorothy Graham, and the United States 
of America, by the undersigned Assistant United States Attorney, respectfully request that the 
Court modify the pretrial and trial schedule in this case and set trial for the two-week period 
beginning February 7, 2024. 
On February 15, 2023, a grand jury returned an indictment charging the defendant with 
wire fraud, attempted wire fraud, and aggravated identity theft in connection with his alleged 
fraud in obtaining CARES Act Loans.  ECF No. 1.  
On March 28, 2023, the Court entered a scheduling order, adopting the parties’ joint trial 
schedule and setting this case for trial on October 3, 2023.  ECF No. 15. 
On August 2, 2023, a grand jury returned a superseding indictment again charging the 
defendant with wire fraud, attempted wire fraud, and aggravated identity theft and adding a count 
of possession of one or more images of child pornography.  ECF No. 24. 
Due to this change in circumstances, the parties agree that the Court should modify its 
scheduling order in this case to allow the defendant time to assess the new charge and to provide 
the parties an opportunity to negotiate a possible resolution short of trial. 
 
  
Case 1:23-cr-00015-JL-TSM     Document 28     Filed 09/05/23     Page 1 of 2

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The parties therefore propose the pretrial and trial schedule set forth below: 
I. 
TRIAL 
An approximately two-week trial will commence during the two-week period beginning 
February 7, 2024.   
II. 
PRETRIAL DEADLINES 
The parties agree that all other deadlines shall be consistent with the Local Criminal 
Rules.  
 
Dated:  September 5, 2023 
 
   
        
       Respectfully submitted, 
 
 
 
 
 
 
 
 
 
 
JANE E. YOUNG  
 
United States Attorney 
 
 
/s/ Matthew T. Hunter  
      
 
Matthew T. Hunter 
 
Assistant U.S. Attorney 
 
District of New Hampshire 
 
53 Pleasant Street, 4th Floor 
 
Concord, New Hampshire 03301 
 
 
 
HEATH GAUTHIER 
 
 
 
/s/ Dorothy Graham     
 
 
Dorothy Graham, Esq. 
 
Assistant Federal Defender 
 
District of New Hampshire 
 
22 Bridge Street, Box #12 
 
Concord, New Hampshire 03301 
 
 
 
 
 
 
Case 1:23-cr-00015-JL-TSM     Document 28     Filed 09/05/23     Page 2 of 2

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