Indictment - United States v. Tracy and Carolyn Wade

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 29 · 2024-03-19 · Docket on CourtListener

Summary

Defendant Carolyn Denise Wade's unopposed motion for reconsideration of the order denying her unopposed motion for continuance, in United States of America v. Carolyn Wade, Case No. 23-cr-60173-KMW, in the U.S. District Court for the Southern District of Florida, entered on the docket March 19, 2024 as Document 29. The motion states that she is charged by Indictment with one count in connection with a PPP loan application under 18 U.S.C. Section 1343 and that trial is set for April 8, 2024. Counsel, substituted by order of February 21, 2024, states that discovery arrived on March 14, 2024 and that prior trial commitments and travel leave him unable to prepare. The motion says Assistant United States Attorney David Snider has no objection and asks that trial be continued to April 29, 2024. It is signed by Johnny L. McCray, Jr.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
UNITED STATES OF AMERICA,              Case No. 23-cr-60173-KMW                           
 
Plaintiff, 
 
v. 
 
CAROLYN WADE, 
                   
Defendant. 
__________________________/                  
 
DEFENDANT’S UNOPPOSED MOTION FOR RECONSIDERATION OF ORDER 
DENYING UNOPPOSED MOTION FOR CONTINUANCE 
 
 
 
The Defendant, CAROLYN DENISE WADE (“Ms. Wade”), through  
counsel, respectfully files this Motion for Reconsideration of this Court’s  
Order Denying Defendant’s Unopposed Motion to Continue the calendar  
call and trial of this matter.  In support thereof, Ms. Wade states the  
following: 
1. Ms. Wade is charged by Indictment with one count of wire  
bank fraud in connection with a PPP loan application, in violation of  
18 U.S.C. Section 1343.  
2. Ms. was arraigned on October 19, 2023.  
 
3. This matter is currently scheduled for a calendar call on April 2,  
2024, at 11:00 a.m.  
4. A jury trial is also scheduled to commence on April 8, 2024, at 9:00  
Case 0:23-cr-60173-KMW   Document 29   Entered on FLSD Docket 03/19/2024   Page 1 of 4

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a.m. 
5. On February 21, 2024, this Honorable Court entered an Order of  
Substitution of Counsel (DE 24) granting leave for the undersigned to  
represent the interest of Ms. Wade. 
6. In the Motion for Substitution of Counsel (DE 23), which  
was filed on February 20, 2024 the undersigned counsel, a solo  
practitioner, disclosed to the court that:  
If the undersigned is allowed to substitute in as attorney-of-record, the 
undersigned respectfully requests that this matter be set for April 29, 2024 as the 
undersigned starts a state court 5–6-day trial on Tuesday February 20, 2024 and 
an estimated 4–5-day PPP fraud trial on February 26, 2024, before The Honorable 
Judge James Cohn (United States v. Stephanie Smith, Case# 23-cr-60203-Bloom). 
Thereafter, the undersigned has very longstanding [vacation] plans to be out of 
the country from March 19through March 31, 2024. Non-refundable airline tickets 
and other event tickets have been purchased. 
7. This Honorable Court entered a paperless Order DE [26] Motion to  
Continue Trial as to Carolyn Denise Wade on March 13, 2024. 
8. The undersigned counsel, in full transparency, disclosed to this  
Honorable Court when it applied to come into this case that it would be  
extremely difficult for him to be ready for trial on April 8, 2024.  
9. The undersigned counsel would not have agreed to come into this  
case had he been made aware that a continuance would not be granted.  
The undersigned does not want to compromise effective assistance of  
counsel in representing Ms. Wade.  
10. 
The discovery in this case was sent by the government to the 
Case 0:23-cr-60173-KMW   Document 29   Entered on FLSD Docket 03/19/2024   Page 2 of 4

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undersigned and received last Thursday, March 14, 2024. Further,  
additional discovery was received today by the defense. Additional time  
is needed to adequately prepare for trial in this cause.  
11. 
Since the undersigned counsel is leaving the country on 
Thursday, March 21, 2023, he will not be in a position to file  
anticipated motions during his absence stemming the government’s  
discovery submission, as well as necessary pretrial motions. Moreover,  
the undersigned will be unable to fie responses to the government’s  
motion. 
12. 
The undersigned counsel commenced a federal jury trial on  
February 29, 2024 before the Honorable Judge James Cohn, which ended  
March 5, 2024. AUSA David Snider was the assigned prosecutor in that  
case. No work was done on the instant case during that time, especially  
since the discovery had not been provided 
13. 
The undersigned has contacted the assigned Assistant United  
States Attorney David Snider, who advises he has no objection to  
continuing the calendar call and trial in this matter. 
14. 
Both the defense and the government request that this matter  
be set for trial April 29, 2024. It is expected the trial will take roughly 4  
days to try. 
WHEREFORE, the Defendant, CAROLYN DENISE WADE,  
respectfully requests this Honorable Court continue the trial of this  
matter until April 29, 2024. 
Case 0:23-cr-60173-KMW   Document 29   Entered on FLSD Docket 03/19/2024   Page 3 of 4

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By: /s/Johnny L. McCray, J. Esq.     
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on March19, 2024, I electronically 
filed the foregoing motion/document with the Clerk of the 
Court using CM/ECF. I also certify that the foregoing 
motion/document is being serving on all counsel of record via 
transmission of Notices of Electronic Filing generated by 
CM/ECF or in some other authorized manner for those counsel 
or parties who are not authorized to receive electronic Notices 
of Electronic Filing, on this 19th day of March, 2024. 
. 
 
 
 
 
 
/s/ Johnny L. McCray, Jr.____ 
Johnny L. McCray, Jr., Esquire  
Florida Bar No. 342319 
Law Office of Johnny L. McCray, Jr., P.A. 
400 East Atlantic Boulevard  
Pompano Beach, Florida 33060 
Tel: (954) 781-3662 
Fax: (954) 786-2289                                                       
mccrayjlaw@gmail.com 
cc: Client 
Case 0:23-cr-60173-KMW   Document 29   Entered on FLSD Docket 03/19/2024   Page 4 of 4

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