Information — United States v. Tracy D. Wade (Dkt. 125, 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. 125 · 2024-08-12 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
MIAMI DIVISION 
CASE NO. 23-60173-CR-WILLIAMS/GRAHAM 
UNITED STATES OF AMERICA, 
Plaintiff, 
V. 
CAROLYN D. WADE and 
TRACY D. WADE, 
Defendant. 
I 
- -----------
CRIMINAL TRIAL SCHEDULING ORDER 
PLEASE TAKE NOTICE that the above entitled cause is hereby specially set for a 
Criminal Jury Trial before the Honorable Donald L. Graham, Judge for the United States District 
Court, Southern District of Florida in the Wilkie D. Ferguson, Jr., U.S. Courthouse, 13
1h Floor, 
Courtroom 13-4, 400 North Miami Avenue, Miami, Florida, during the two-week trial period 
commencing Monday. October 7. 2024, at 9:00 a.m. 
PLEASE TAKE FURTHER NOTICE that a Calendar Call will be held on Tuesday. 
October 1. 2024 at 1:00 p.m., before Judge Graham, at the aforementioned address. 
1. All requests for Writs Ad Testificandum must be filed not later than 14 business days 
prior to the first day of the scheduled trial period to insure adequate time for processing. 
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2. If the case is a Jury Trial, counsel shall prepare and submit to the Court, by September 
25, 2024, any proposed Voir Dire questions necessary to elicit information concerning 
prospective jurors other than identity and general background information. 
3. In addition, notice of counsel shall submit to the Court on September 25, 2024, any 
notice of any evidentiary issues and proposed jury instructions, in typed form and 
emailed to graham@flsd.uscourts.gov (in Word format) including substantive charges 
and defenses. Eleventh Circuit Pattern Jury Instructions, 2016 edition may be referred to by 
listing only the instruction number and page number. 
4. All responses to the 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 in 
writing a specific factual basis for the evidence sought to be introduced. The rule 
requires "the prosecution to provide notice, regardless of how it intends to use the 
extrinsic act evidence at trial, i.e., during its case-in-chief, for impeachment, or for 
possible rebuttal." Fed.R.Evid. 404(b) Advisory Committee's note to 1991 amendments. 
5. The Government and the defense shall strictly comply with Local Rule 88.1 0(P), which 
requires the preparation of a written statement signed by all parties describing discovery 
material exchanged and agreed upon trial stipulations. The parties will also acknowledge 
in the written statement that they have read the Court's Criminal Trial Scheduling Order. 
6. 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. 
7. All counsel shall submit to the Court, by September 25, 2024, a typed list of proposed 
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witnesses and/or exhibits to be presented at trial. All exhibits which will be offered into 
evidence must be pre-labeled in accordance with the proposed exhibit list. Exhibit labels 
shall include the case number. Labels may be obtained from the Clerk of Court. 
8. Counsel shall also submit to the Cowi in writing any Motions in Limine regarding trial 
issues prior to the scheduled trial date. 
The Government shall submit its Motions in 
Limine within seven (7) days of the date of this order. The Defense Motions in Limine 
are due on September 18, 2024. 
9. 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. 
10. Counsel are instructed to notify the Court if an interpreter is required at least 24 hours 
prior to any hearing or trial. 
11. Any attorney seeking exoneration of a cash bond shall obtain a copy of this Court's form 
Motion for Disbursement of Bond from the Courtroom Deputy. 
12. 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. 
13. Prior to trial, counsel shall reduce all stipulations to writing. 
14. 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 
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resolve by agreement the subject matter of the motion as required by Local Rule 
88.9. 
15. This case is set date certain and no motions for continuance will be considered. 
16. All motions, other than Motions in Limine, are due by August 19, 2024. Motions will 
not be favorably considered unless the parties have complied with Local Rule 88.10 (P) 
which requires the filing of a written statement describing all discovery material 
exchanged. 
17. Defense counsel who have 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. 
18. Discovery responses to the Standing Discovery Order which generally allege the 
government "will" disclose or provide discovery information is not in compliance. The 
Order is clear. Discovery "shall" be provided on or before fourteen (14) days from the 
date of the Standing Discovery Order. Untimely produced discovery by any party is 
subject to exclusion. 
19. Motions filed Pursuant to Rule 35(b); The Government shall file a pleading setting 
forth the nature, extent and quality of the Defendant's cooperation as well as a specific 
sentence recommendation. 
20. Counsel shall file with the Court any Brady Materials no later than two (2) weeks from 
the date of this Order. 
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21. The pleadings shall set forth the full facts of the Defendant's cooperation. The pleadings 
will serve as the basis for the Court's reduction of sentence. If the parties deem it 
necessary, affidavits may be used, however proffers of evidence are acceptable. 
Submissions may be filed under seal if deemed appropriate. 
DONE AND ORDERED at Miami, Florida this 12th day of August, 2024. 
DONALD L. GRAHAM 
UNITED ST A TES DISTRICT JUDGE 
Copied: 
Counsel of Record 
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