Unopposed Motion to Continue Trial — United States v. Carolyn Denise Wade (Document 21)

Summary

The United States' unopposed motion to continue trial in United States of America v. Carolyn Denise Wade, Case No. 23-60173-CR-WILLIAMS, in the U.S. District Court for the Southern District of Florida, entered on the docket November 30, 2023 as Document 21. The motion seeks to move the trial from March 25, 2024 to April 8, 2024, with a calendar call on April 2, 2024. The motion states that the defendant is charged by indictment with one count of wire fraud and was released on a $50,000 personal surety bond. As grounds it cites undersigned counsel's unavailability the week of March 25, 2024 and the defendant's Waiver of Speedy Trial (D.E. 20). It states that counsel of record for Defendant has no objection, and it is signed by Assistant United States Attorney David A. Snider.

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Record facts

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 23-60173-CR-WILLIAMS 
 
 
UNITED STATES OF AMERICA 
 
vs. 
 
CAROLYN DENISE WADE, 
 
Defendant. 
 
                                                  / 
 
UNOPPOSED MOTION TO CONTINUE TRIAL 
 
 
The United States of America, by and through its undersigned counsel, hereby files this 
unopposed motion to continue the trial of this case as to Defendant Carolyn Denise Wade 
(“Defendant”) from March 25, 2024 to April 8, 2024.  In support thereof, the United States asserts 
the following: 
1. 
Defendant is charged by way of indictment with one count of wire fraud, in 
violation of Title 18, United States Code, Section 1343.  The indictment was filed under seal in 
the above-captioned case on September 14, 2023 (D.E. 3). 
2. 
On October 12, 2023, Defendant was arrested pursuant to an arrest warrant issued 
for the indictment and made an initial appearance in the Fort Lauderdale Division of this Court 
(D.E. 8).  Defendant was released that day on a $50,000 personal surety bond (D.E. 9).  Defendant 
remains released on that bond. 
3. 
On October 19, 2023, Defendant was arraigned on the indictment and entered a 
plea of not guilty and a demand for a jury trial (D.E. 11).     
4. 
On October 19, 2023, the Court entered an Order setting the pre-trial schedule and 
procedures for this case, including a jury trial date of December 18, 2023 (D.E. 12). 
Case 0:23-cr-60173-KMW   Document 21   Entered on FLSD Docket 11/30/2023   Page 1 of 4

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5. 
On November 3, 2023, the United States produced discovery to Defendant through 
her counsel of record and filed its response to the Standing Discovery Order (D.E. 13). 
6. 
On November 17, 2023, Defendant filed an Agreed Motion to Continue Trial and 
Calendar Call (D.E. 15) (the “First Motion to Continue”).  The First Motion to Continue requested 
a 90-day continuance of the trial then set for December 18, 2023.  As grounds for the continuance, 
Defendant asserted the need for her defense counsel to complete their discovery, including the 
issuance of multiple subpoenas for documents and records to third parties whom defense counsel 
asserted may possess exculpatory evidence that is material to Defendant’s case.  Additionally, 
defense counsel asserted that he was ordered to appear for another jury trial in the Southern District 
of Florida on December 4, 2023, and was therefore unavailable for trial on December 18, 2023.   
7. 
On November 29, 2023, in connection with the First Motion to Continue, 
Defendant, through her counsel of record, filed a Waiver of Speedy Trial pursuant to Title 18, 
United States Code, Section 3161, pursuant to which Defendant waived her right to a speedy trial 
from November 29, 2023 to April 1, 2024 (D.E. 18).1  
8. 
On November 29, 2023, the Court entered a Paperless Order (D.E. 19) granting the 
First Motion to Continue, pursuant to which the Court reset the jury trial to March 25, 2024 and 
excluded the time through the rescheduled trial date from the deadline for trial as computed under 
the Speedy Trial Act. 
9. 
On November 29, 2023, upon receipt of the Paperless Order resetting the jury trial 
to March 25, 2024 (D.E. 19), the undersigned Assistant United States Attorney advised the Court’s 
Courtroom Deputy that he is lead counsel for the United States in this case and that he is 
 
1 Defendant also filed a Waiver of Speedy Trial on November 20, 2023 (D.E. 16), which Defendant signed via 
DocuSign, but this waiver did not include an end date through which Defendant was waiving her right to a speedy 
trial.  
Case 0:23-cr-60173-KMW   Document 21   Entered on FLSD Docket 11/30/2023   Page 2 of 4

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unavailable for trial the week of March 25, 2024 through March 29, 2024 due to a previously 
scheduled personal matter.  The undersigned further advised that he had conferred with 
Defendant’s counsel of record, and that counsel did not object to the moving the trial to the Court’s 
next available two-week trial period after the week of March 25-29, 2024.   The Courtroom Deputy 
advised that the Court’s next available two-week trial period was April 8, 2024 with a calendar 
call for April 2, 2024.  
10. 
On November 30, 2023, in support of this anticipated motion, Defendant, through 
her counsel of record, filed another Waiver of Speedy Trial pursuant to Title 18, United States 
Code, Section 3161, pursuant to which Defendant waived her right to a speedy trial from 
November 30, 2023 through June 1, 2024 (D.E. 20). 
11. 
Based upon undersigned counsel’s unavailability for trial the week of March 25, 
2024, and the Defendant’s aforementioned Waiver of Speedy Trial (D.E. 20), the United States 
respectfully asks this Court to continue the trial of this case from March 25, 2024 to April 8, 2024, 
with a calendar call set for April 2, 2024.  The United States submits that, in consideration of the 
factors set forth in 18 U.S.C. § 3161(h)(7)(B), the ends of justice served by granting this 
continuance outweigh the interests of the defendant and the public in a speedy trial. 
12. 
Pursuant to Rule 88.9 of the Local Rules of the Southern District of Florida, the 
undersigned Assistant United States Attorney has conferred with counsel of record for Defendant 
regarding this motion.  Counsel of record has stated that he has no objection to the motion or the 
relief requested herein. 
Case 0:23-cr-60173-KMW   Document 21   Entered on FLSD Docket 11/30/2023   Page 3 of 4

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WHEREFORE, the United States respectfully asks the Court to grant this motion and reset 
the trial of this case as to Defendant Carolyn Denise Wade to April 8, 2024. 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
MARKENZY LAPOINTE 
 
UNITED STATES ATTORNEY 
 
                                                            By:       /s/ David A. Snider                       
 
 
 
 
 
 
David A. Snider 
 
 
 
 
 
 
Assistant United States Attorney 
                                                                        Court ID No. A5502260 
 
 
 
 
 
 
500 E. Broward Blvd. 
 
 
 
 
 
 
Fort Lauderdale, Florida 33394 
 
 
 
 
 
 
Tel: 954-660-5696 
                                                                        david.snider@usdoj.gov 
 
Case 0:23-cr-60173-KMW   Document 21   Entered on FLSD Docket 11/30/2023   Page 4 of 4

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