Court filing
Order Setting Jury Trial as to Gregory Scott Keough — USA v. Keough (Dkt. 21, S.D. Fla. No. 9:23-mj-08393, docketed in No. 9:23-cr-80154)
Filed August 28, 2023 in USA v. Keough; one of 55 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-08-28 |
U.S. District Court for the Southern District of Florida · No. 9:23-cr-80154-DMM · Doc. 21 · 2023-08-28 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 23-80154-CR-MIDDLEBROOKS
UNITED STATES OF AMERICA,
Plaintiff,
vs.
GREGORY SCOTT KEOUGH,
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 October 30, 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 October 25,
2023 at 10:30 am 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-80154-DMM Document 21 Entered on FLSD Docket 08/28/2023 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-80154-DMM Document 21 Entered on FLSD Docket 08/28/2023 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.
Case 9:23-cr-80154-DMM Document 21 Entered on FLSD Docket 08/28/2023 Page 3 of 4
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 28th day of August, 2023.
Donald M. Middlebrooks
United States District Judge
cc:
All Counsel of Record
Case 9:23-cr-80154-DMM Document 21 Entered on FLSD Docket 08/28/2023 Page 4 of 4File and source
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