Motion — United States v. Tracy and Carolyn Wade (Dkt. 285, S.D. Fla. No. 0:23-cr-60173)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 285 · 2025-07-23 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT, 
SOUTHERN DISTRICT OF FLORIDA 
 
 
UNITED STATES OF AMERICA,  
 
 
 
 
Plaintiff, 
 
 
 
 
 
v. 
 
 
 
 
 
 
 
 
TRACY D. WADE, 
 
 
 
CASE NO. 23-CR-60173 (2) 
 
 
Defendant.  
________________________________________________/ 
 
STATUS UPDATE AND RENEWED MOTION TO EXTEND SURRENDER 
DATE BY 30 DAYS. 
 
 
Tracy Wade has been ordered to surrender to serve a 90-day jail 
sentence this coming Monday, July 28, 2025.  On July 5, 2025, 
undersigned counsel filed a Motion to Extend Surrender Date by 30 Days. 
(D.E. 282).  The Court has not yet ruled on that motion, nor has the 
Government responded to it, despite PACER stating that responses were 
due by July 21, 2025. 
The basis for extending the surrender date is that Mr. Wade has an 
active appeal of the underlying trial conviction in the Eleventh Circuit (case 
25-11132-D).  The defense previously moved to stay the jail sentence until 
the appeal is concluded, as otherwise Mr. Wade will serve the entire 90-
day jail sentence before receiving an appellate resolution. (D.E. 247).  The 
Court previously stated it would consider staying the jail sentence upon a 
motion being filed discussing the substantial questions of fact or law likely 
Case 0:23-cr-60173-KMW   Document 285   Entered on FLSD Docket 07/23/2025   Page 1 of 4

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to result in appellate reversal, pursuant to 18 U.S.C. § 3143.  Undersigned 
counsel was not able to do this previously because he was not trial counsel 
and had to order, receive, and read the trial transcripts.  Undersigned 
counsel did promptly order the trial transcripts, but two transcripts, including 
a lengthy pretrial motion hearing from 9/26/24 where a motion to dismiss 
for prosecutorial misconduct and a motion alleging Brady violations were 
addressed, were not transcribed despite having been ordered.  Per the 
court reporter when undersigned counsel followed up, this was because the 
9/26/24 hearing had not been properly docketed by the clerk.  The court 
reporter ultimately filed the 9/26/24 hearing transcript, after undersigned 
counsel followed up, on July 11, 2025.  Undersigned counsel was on a 
preplanned family vacation out of the country and without reliable internet 
access from July 3-July 21, 2025.   
Undersigned counsel now has all of the transcripts, which are 
voluminous, and can file a renewed motion to stay the jail sentence 
including legal argument next week, no later than August 1, 2025.  
Because the current surrender date would require Mr. Wade to begin 
serving the jail sentence before this motion could be filed and considered, 
and this is not Mr. Wade or the defense’s fault as it is due to late 
transcription of a critical hearing, the defense renews the request to extend 
Case 0:23-cr-60173-KMW   Document 285   Entered on FLSD Docket 07/23/2025   Page 2 of 4

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the surrender date by 30 days, to allow the merits of the motion to stay the 
jail sentence pending appeal to be considered before the surrender date. 
Undersigned counsel previously reached out to the Government for 
their position on extending the surrender date, and has not heard back.  
The Government also did not file a written response to the motion to extend 
the surrender date.  The defense believes there would be no prejudice to 
the Government or anyone else from granting this motion, as the amount of 
time Mr. Wade would ultimately have to serve in jail if the his appeal is 
found non-meritorious will not change and Mr. Wade has been out in the 
community with no issues during the entire pendency of this case and 
presents no risk of flight or danger.  On the other hand, Mr. Wade, a former 
law enforcement officer with no criminal or incarceration history, a young 
daughter, and a steady job as a funeral director, would be tremendously 
prejudiced if he has to serve a jail sentence in a federal detention facility on 
a case that is ultimately reversed on appeal.  This Court should therefore 
extend the surrender date to allow it to hear the merits of the motion to stay 
the jail sentence and ultimately determine whether it views the appellate 
issues to be raised as potentially meritorious. 
 
 
Case 0:23-cr-60173-KMW   Document 285   Entered on FLSD Docket 07/23/2025   Page 3 of 4

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I HEREBY CERTIFY that a true and correct copy of the foregoing 
was served on all counsel of record in this cause, this 23rd day of July, 
2025, via CM/ECF. 
 
 
Respectfully submitted, 
 
 
___/s/ Daniel Tibbitt_______ 
 
 
 
 
 
 
Daniel Tibbitt, Esq. 
 
 
 
 
 
 
Daniel J. Tibbitt, P.A. 
 
 
 
 
 
 
1175 NE 125th Street 
 
 
 
 
 
 
Suite 404 
 
 
 
 
 
 
North Miami, Fl. 33161 
 
 
 
 
 
 
(305) 384-6160 
 
 
 
 
 
 
Fl. Bar No.: 816361 
 
 
 
 
 
 
dan@tibbittlaw.com 
 
Case 0:23-cr-60173-KMW   Document 285   Entered on FLSD Docket 07/23/2025   Page 4 of 4

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