Court filing

Parties’ Joint Statement Regarding CARES Act — United States v. Fiege (Dkt. 23, D. Minn.)

Summary

The Parties' Joint Statement Regarding CARES Act in United States of America v. Jared John Fiege, Criminal No. 21-55 (MJD/LIB), in the U.S. District Court for the District of Minnesota, dated July 13, 2021. Defense counsel Bruce Rivers and Assistant United States Attorney Lindsey Middlecamp ask the court to find that the defendant's change of plea hearing should not be further delayed, under Section 15002(b)(2) of the CARES Act. The statement explains that the Act, passed on March 27, 2020, allows felony plea and sentencing hearings by video teleconference when the coronavirus outbreak materially affects court functioning. It states that a video conference scheduled for July 14, 2021 is preferable to an in-person hearing to limit exposure to COVID-19.

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Filed July 13, 2021 in Jared John Fiege; one of 7 filings from this case.

Record facts

Court	U.S. District Court for the District of Minnesota
Filed	2021-07-13

Cite this document

“Parties’ Joint Statement Regarding CARES Act — United States v. Fiege (Dkt. 23, D. Minn.).” U.S. District Court for the District of Minnesota, No. 0:21-cr-00055, Doc. 23, filed 2021-07-13. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-jared-john-fiege-mnd-193372/2021-07-13-gov-uscourts-mnd-193372-23-0-doc-23/, SHA-256 f36f1b0055417d3ca2a884483b2391d33fbcd35355ba48dc844af284cf338135.

Full text

CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 1 of 7




                    UNITED STATES DISTRICT COURT
                       DISTRICT OF MINNESOTA
                      Criminal No. 21-55 (MJD/LIB)

UNITED STATES OF AMERICA,

                 Plaintiff,
          v.                              PARTIES’ JOINT STATEMENT
                                          REGARDING CARES ACT
JARED JOHN FIEGE,

                  Defendant.

      Defendant Jared John Fiege, by and through his attorney, Bruce Rivers,

and the United States of America, by and through its attorneys, W. Anders

Folk, Acting United States Attorney for the District of Minnesota and

Assistant United States Attorney Lindsey Middlecamp, hereby submit their

joint statement in support of findings for no further delay of Mr. Fiege’s change

of plea hearing under the Coronavirus Aid, Relief, and Economic Security

(“CARES”) Act, Section 15002(b)(2).

                                 Background

      On March 27, 2020, Congress passed the CARES Act, Pub. L.

No. 116-136, which allows federal courts that have been materially affected by

the coronavirus outbreak to authorize the use of video teleconferencing for

certain criminal proceedings.     Id. § 15002. Specifically, felony plea and

sentencing hearings may be conducted by video teleconference if (1) “the

Judicial Conference of the United States finds that emergency conditions . . .

         CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 2 of 7




with respect to the Coronavirus Disease 2019 (COVID-19) will materially affect

the functioning of [ ] the federal courts,” (2) the chief judge of a district finds

that felony pleas and sentencings “cannot be conducted in person without

seriously jeopardizing public health and safety,” and (3) “the district judge in

a particular case finds for specific reasons that the plea or sentencing in that

case cannot be further delayed without serious harm to the interests of justice.”

Id. § 15002(b)(2).

      On March 29, 2020, the Judicial Conference made the required finding

that emergency conditions due to COVID-19 will materially affect the

functioning of the federal courts. See Judiciary Authorizes Video/Audio Access

During         COVID-19           Pandemic          (Mar.        31,        2020),

https://www.uscourts.gov/news/2020/03/31/judiciary-authorizes-videoaudio-

access-during-covid-19.

      On March 30, 2020, the Chief Judge for the District of Minnesota issued

General Order No. 5, In Re: Updated Guidance to Court Operations Under the

Exigent Circumstances Created by COVID-19, in which he found felony pleas

and felony sentencings in the District of Minnesota “cannot be conducted in

person without seriously jeopardizing public health and safety.”               The

Chief Judge ordered:

      [I]f a judge in an individual case finds, for specific reasons, that a
      felony plea or sentencing in that case cannot be further delayed
      without serious harm to the interests of justice, the judge may,


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           CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 3 of 7




      with the consent of the defendant after consultation with counsel,
      use video conferencing, or teleconferencing if video conferencing is
      not reasonably available, for the felony plea or sentencing in that
      case.

Id. ¶ 2.

      In July 2020, the United States District Court – District of Minnesota

developed a protocol for in-person hearings and resumed limited in-person

hearings. See Protocol for In-Person Hearings In the District of Minnesota,

https://www.mnd.uscourts.gov/sites/mnd/files/2020-0820_Protocol-for-In-

Person-Hearings.pdf.      Given several factors, including high COVID-19

infection rates across the state of Minnesota, with active COVID-19 cases at

record highs, on November 24, 2020, the Chief Judge for the District of

Minnesota issued General Order No. 22, In re Updated Guidance to Court

Operations Under the Exigent Circumstances Created by COVID-19. General

Order No. 22 encourages the use of videoconferencing in criminal proceedings

and states, “The Court will continue to hold criminal proceedings using

videoconferencing, or telephone conferencing if videoconferencing is not

reasonably available, when the defendant consents to appearing at the

proceeding remotely.” Id. ¶ 1. Pursuant to the Order, any such criminal

proceedings that cannot be conducted via videoconferencing are continued

until January 31, 2021. Id. ¶ 2.




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        CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 4 of 7




      On January 28, 2021, the Chief Judge for the District of Minnesota

issued General Order No. 25, In Re: Updated Guidance to Court Operations

Under     the    Exigent   Circumstances        Created   by   COVID-19.   See

https://www.mnd.uscourts.gov/sites/mnd/files/2021-0128_COVID-19-General-

Order-No25.pdf. Pursuant to General Order No. 25, any criminal proceedings

that cannot be conducted via videoconferencing are continued until March 14,

2021. Id. ¶ 2.

      On February 12, 2021, the Chief Judge for the District of Minnesota

issued General Order No. 26, In Re: Updated Guidance to Court Operations

Under the Exigent Circumstances Created by COVID-19, in which the

Chief Judge encouraged the further use of videoconferencing in criminal

proceedings      in    light   of     the       COVID-19       pandemic.   See

https://www.mnd.uscourts.gov/sites/mnd/files/2021-0212_COVID-19-General-

Order-No26.pdf. Pursuant to General Order No. 26, any criminal proceedings

that cannot be conducted via videoconferencing are continued until May 2,

2021. Id. ¶ 2.

      On April 29, 2021, the Chief Judge for the District of Minnesota issued

General Order No. 28, In Re: Updated Guidance to Court Operations Under the

Exigent Circumstances Created by COVID-19, in which the Chief Judge

encouraged the continued use of videoconferencing in criminal proceedings to

continue to protect public health, reduce the size of public gatherings, reduce


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           CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 5 of 7




unnecessary travel, and to respond to the COVID-19 outbreak. See

https://www.mnd.uscourts.gov/sites/mnd/files/2021-0429_COVID-19-General-

Order-No28.pdf.

                 The Parties’ Agreement Regarding Reasons

      Because the Judicial Conference and the Chief Judge of the District of

Minnesota have made the required findings under the CARES Act, and

because Mr. Fiege and counsel have agreed to appear by video teleconference

to proceed with the change of plea hearing, this Court need only find specific

reasons that the change of plea hearing in this matter cannot be further

delayed without serious harm to the interests of justice. The parties agree that

those reasons include the following:

      1.      Mr. Fiege has been in federal custody in this case since March of

2021. He has been housed in the Douglas County Jail. Because of the COVID-

19 pandemic, the Douglas County Jail has restricted inmate movement. As

such, Mr. Fiege would like to move forward with his case now pursuant to a

written plea agreement with the government rather than later so that he can

more quickly conclude his case to arrive in a Bureau of Prisons facility. A

change of plea hearing by video conference will prevent unnecessary delay of

procedures and will serve to move his case to sentencing and his eventual

transfer to the Bureau of Prisons.




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           CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 6 of 7




      2.      A change of plea hearing by video conference will also save Mr.

Fiege from having to undergo the quarantine and isolation procedures that

apply at the Douglas County Jail to new inmates, and to inmates who have left

the facility. It is the understanding of the parties that so long as the COVID-

19 pandemic creates challenges for detention facilities, Mr. Fiege would likely

be made to endure quarantine and isolation periods in order to attend an in-

person hearing in federal court. A change of plea hearing by video conference

will save Mr. Fiege from having to undergo quarantine and isolation

procedures.

      3.      In addition, a video conference, currently scheduled for July 14,

2021, is preferable to an in-person hearing to minimize direct interactions that

could introduce unnecessary risk of exposure to COVID-19.




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       CASE 0:21-cr-00055-MJD-LIB Doc. 23 Filed 07/13/21 Page 7 of 7




Dated: July 13, 2021                Respectfully Submitted,


                                    s/Bruce Rivers
                                    Bruce Rivers
                                    Attorney for Jared John Fiege

                                    —and—

                                    W. ANDERS FOLK
                                    Acting United States Attorney

                                    s/ Lindsey E. Middlecamp
                                    By: LINDSEY E. MIDDLECAMP
                                    Assistant United States Attorney
                                    Attorney Reg. No. 0398529




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