Judgment — United States v. Tracy D. Wade (Dkt. 272, 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. 272 · 2025-05-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-CR-60173-KMW
UNITED STATES OF AMERICA, 
Miami, Florida 
Plaintiff,
July 30, 2024
vs.
 
1:48 PM - 2:00 PM
CAROLYN DENISE WADE and 
TRACY D. WADE,
 
Defendants. 
Pages 1 to 12
____________________________________________________________
TRANSCRIPT OF STATUS CONFERENCE 
HELD BEFORE THE HONORABLE DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
FOR THE GOVERNMENT:
 
DAVID A. SNIDER, AUSA 
United States Attorney's Office 
ON BEHALF OF THE DEFENDANTS: 
(No appearance.) 
LANCE W. STEINBEISSER, FCRR, RPR, FPR-C
Official Court Reporter
United States District Court
400 North Miami Avenue 
Miami, Florida 33128
305.523.5633
Proceedings recorded by mechanical stenography; transcript 
produced by computer-aided transcription.
Case 0:23-cr-60173-KMW   Document 272   Entered on FLSD Docket 05/16/2025   Page 1 of 12

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(Call to the Order of the Court.)
THE COURTROOM DEPUTY:  Calling Case 
Number 23-cr-60173, the United States versus Carolyn Denise 
Wade; Case Number 23-cr-60173, the United States versus 
Tracy D. Wade.  
Counsel, please state your appearances, beginning 
with the Government. 
MR. SNIDER:  Good afternoon, Your Honor.  Assistant 
US Attorney David Snider on behalf of the United States. 
THE COURT:  Good afternoon.  
And I don't see Mr. McCray or Mr. Wilcox. 
MR. SNIDER:  I don't either, Judge, and I have not 
seen them this afternoon. 
THE COURT:  This is not exactly my best day for 
hearings.  
Have you been in touch with them regarding today's 
hearing?  
MR. SNIDER:  I have not.  My last communication was 
to send them discovery last week.  I have not had a response 
from them about discovery or anything else relating to this 
case. 
THE COURT:  Well, there are a few issues pending.  
This is a Judge Williams case.  And the Garcia issue is -- I'm 
not sure where it is.  And you can help me because I believe 
Judge Strauss had the Garcia hearing.  But from the file, it 
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looks like the Government was not present or someone in your 
stead was present. 
MR. SNIDER:  So let me educate the Court as best I 
can on this. 
As counsel of record, I was not present on July 
the 15th, when the Garcia hearing was scheduled, and that's 
because of unforeseen travel delays.  An Assistant US Attorney 
from my office, Alicia Shick, stood in for the Government.  
But it's my understanding from speaking with her and from my 
reading of the Court's order that as far as the Court's 
colloquy and hearing under Garcia with the defendants, the 
Government was excluded from the Court.  So the Government did 
not participate in any way in the substance of that Garcia 
hearing. 
THE COURT:  And obviously, the defendants -- both 
defendants were present for that hearing; correct?  
MR. SNIDER:  Yes.  That's my understanding. 
THE COURT:  All right. 
MR. SNIDER:  And because the Government was excluded 
from the Garcia hearing and because I, as counsel of record 
for the United States in this matter, was not able to be there 
at all, the Court -- Judge Strauss allowed the Government to 
submit a memorandum to supplement the record with any 
pertinent facts or law that the Government wanted the Court to 
consider before accepting any waiver by the defendants as to 
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their joint representation.  The Court allowed the Government 
a week to do that.  I submitted that memorandum last week.  
And Judge Strauss, the next day, issued an order recognizing 
in a footnote the Government's memorandum and saying that 
notwithstanding the points raised, Judge Strauss believed that 
the issues that I had brought up in my memo the Court had 
covered and considered with the defendants in that ex parte 
hearing.  
And Judge Strauss ruled in that order that the Court 
found that the waiver of conflict-free counsel was knowing, 
voluntary, and intelligent under Garcia and has accepted the 
waiver as such.  
THE COURT:  All right.  As I understand from the 
file, the Government then submitted a written memo, and I 
think you submitted that memo regarding what potential issues 
you foresaw as far as Garcia was concerned.  
I do not know if the defendants have viewed your 
pleading with the facts as you set forth and whether they have 
considered that additional information in making a 
determination as to whether they waive their rights. 
Judge Strauss is not available until mid-August, so I 
am going to go ahead and schedule that case today.  I'm going 
to have Judge Strauss in mid-August, based upon his 
availability, to schedule a continuation of the Garcia matters 
so that he can review with the defendants, who have a right 
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under Garcia to address the Court personally, directly, 
regarding the waiver, to have him inquire as to whether they 
read the Government's memo and whether they persist with their 
waiver --
MR. SNIDER:  Okay. 
THE COURT:  -- and just so that we have a clear 
record on that issue.  
So I'm going to advise you to direct -- well, I am 
going to direct that the defendants order the transcript of 
today's hearing and set that matter before Judge Strauss in 
mid-August, and Judge Strauss can then issue an order -- I 
assume will be reaffirming or reasserting that the defendants 
have waived any conflicts and that the two attorneys may 
proceed to represent them.  
And I'm assuming, based upon the file, that both 
counsel will be representing each defendant rather than one 
counsel representing one defendant and another counsel the 
second.  
MR. SNIDER:  Yes. 
THE COURT:  And I assume that's the case just looking 
at the file. 
MR. SNIDER:  Correct.  I have viewed the notices of 
permanent appearance filed both by Mr. McCray and Mr. Wilcox.  
And each of their notices of permanent appearance for trial 
only states that each attorney represents both Carolyn Wade 
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and Tracy Wade. 
THE COURT:  So I'm going to set this case for a trial 
period beginning October 7th.  All right?  There will be no 
extensions.  I think the deadline for filing the initial 
motions is about this time, but the motions of the defense 
have to be filed in compliance with the standing discovery 
order and a response in accordance with the standing discovery 
order so that we can get all of those issues resolved before 
the October 7th trial date.  
MR. SNIDER:  Okay.  The Government filed its response 
to the standing discovery order last week. 
THE COURT:  And deadline for motions more 
particularly. 
MR. SNIDER:  Right. 
THE COURT:  In other words, I think that's about 
today or -- it may have been yesterday -- 
MR. SNIDER:  Judge -- 
THE COURT:  But -- 
MR. SNIDER:  -- I looked at the calendar ahead of 
this conference, and -- the 7th is fine for the Government.  I 
just wanted to make the Court aware of a few things. 
One, the previous trial was -- it was six days, but 
we had a day off, so it was really five days.  I anticipate 
that the Government will call all of the witnesses that were 
called in the first trial as well as additional witnesses, 
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possibly up to five, maybe less than five if we can reach some 
stipulations.  
But I would anticipate, from the Government's 
perspective, its case in chief to be a little bit longer than 
the case in chief presented in the first trial given that 
there's now two defendants and there are several additional 
charges. 
THE COURT:  I have contemplated that. 
MR. SNIDER:  Right. 
THE COURT:  So just for your information, we are 
going to start on the 7th --
MR. SNIDER:  Okay. 
THE COURT: --  and we will not be in session on the 
11th, which is a Friday --
MR. SNIDER:  Yeah, that was the date I was concerned 
about. 
THE COURT:  -- nor the 14th, which is a federal 
holiday, Columbus Day.  So we will be in session 7 through 10, 
and 15 and 16 and possibly 17.  So I'm hopeful that we will 
have the case resolved at least by the 17.  We'll be in 
session from about 9:30 until 4:00. 
MR. SNIDER:  Okay. 
THE COURT:  That will be the scheduled time. 
MR. SNIDER:  Okay.  
THE COURT:  All right?  
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So I'm also going to issue an order to show cause 
with respect to the defense counsel not appearing for today's 
hearing.  I'm not sure what happened, but I'm going to issue 
an order to show cause, and they need to respond within 
72 hours as to why there shouldn't be some contempt issues 
considered.  All right?  
Anything further in this case?  I'll ask you to 
contact defense counsel and communicate the Court's 
pronouncements today, and I will issue an order with the trial 
dates that we have just discussed. 
MR. SNIDER:  Judge, very well.  
With respect to the anticipated reopening of the 
Garcia hearing in mid-August, does the Government need to be 
present for that?  
THE COURT:  I think so.  
MR. SNIDER:  When I say present, should it be -- I 
mean actually participate in the hearing or -- 
THE COURT:  Well, that's up to Judge Strauss.  
Apparently, he had an ex parte hearing initially.  I'm not 
sure what happened.  Oftentimes Garcia hearings are not 
ex parte.  For some reason there was an ex parte hearing.  
Judge Strauss is going to set it and conduct the hearing. 
MR. SNIDER:  Okay.  I'll, then, communicate both with 
defense counsel and Judge Strauss's chambers about 
availability because I do have some conflicts in mid-August, 
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but I'll take that up with Judge Strauss's chambers.
THE COURT:  I don't know when he's going to set it.  
He just indicated he will not be available until mid-August, I 
think about the 15th. 
MR. SNIDER:  Okay.  That's fine. 
THE COURT:  So he will set that accordingly. 
MR. SNIDER:  Very well.  Thank you, Your Honor. 
THE COURT:  Thank you very much, sir.  Have a good 
afternoon. 
MR. SNIDER:  You too. 
(Proceedings concluded at 2:00 PM.) 
CERTIFICATE OF REPORTER 
I certify that the foregoing is a correct 
transcription of the record of proceedings in the 
above-entitled matter prepared from my stenotype notes.
DATE:  14th of May, 2025
/s/Lance W. Steinbeisser 
Lance W. Steinbeisser, 
FCRR, RPR, FPR-C
Official Court Reporter 
United States District Court
Southern District of Florida 
Miami, Florida 
Case 0:23-cr-60173-KMW   Document 272   Entered on FLSD Docket 05/16/2025   Page 9 of 12

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possibly [2] - 7:1, 
7:19
potential [1] - 4:15
prepared [1] - 9:15
present [6] - 3:1, 3:2, 
3:5, 3:16, 8:14, 
8:16
presented [1] - 7:5
previous [1] - 6:22
proceed [1] - 5:14
Proceedings [2] - 
1:22, 9:11
proceedings [1] - 
9:14
produced [1] - 1:23
pronouncements [1] 
- 8:9
R
raised [1] - 4:5
rather [1] - 5:16
reach [1] - 7:1
read [1] - 5:3
reading [1] - 3:10
reaffirming [1] - 5:12
really [1] - 6:23
reason [1] - 8:21
reasserting [1] - 5:12
recognizing [1] - 4:3
record [5] - 3:5, 3:20, 
3:23, 5:7, 9:14
recorded [1] - 1:22
regarding [3] - 2:16, 
4:15, 5:2
relating [1] - 2:20
reopening [1] - 8:12
Reporter [2] - 1:19, 
9:18
REPORTER [1] - 
9:12
represent [1] - 5:14
representation [1] - 
4:1
representing [2] - 
5:16, 5:17
represents [1] - 5:25
resolved [2] - 6:8, 
7:20
respect [2] - 8:2, 8:12
respond [1] - 8:4
response [3] - 2:19, 
6:7, 6:10
review [1] - 4:25
rights [1] - 4:20
RPR [2] - 1:19, 9:17
ruled [1] - 4:9
S
schedule [2] - 4:22, 
4:24
scheduled [2] - 3:6, 
7:23
second [1] - 5:18
see [1] - 2:11
send [1] - 2:19
session [3] - 7:13, 
7:18, 7:21
set [6] - 4:18, 5:10, 
6:2, 8:22, 9:2, 9:6
several [1] - 7:6
Shick [1] - 3:8
show [2] - 8:1, 8:4
six [1] - 6:22
Snider [1] - 2:9
SNIDER [25] - 1:13, 
2:8, 2:12, 2:18, 3:3, 
3:17, 3:19, 5:5, 
5:19, 5:22, 6:10, 
6:14, 6:17, 6:19, 
7:9, 7:12, 7:15, 
7:22, 7:24, 8:11, 
8:16, 8:23, 9:5, 9:7, 
9:10
someone [1] - 3:1
Southern [1] - 9:19
Lance W. Steinbeisser - Federal Certified Realtime Reporter
11
SOUTHERN [1] - 1:1
speaking [1] - 3:9
standing [3] - 6:6, 
6:7, 6:11
start [1] - 7:11
state [1] - 2:6
STATES [3] - 1:1, 
1:4, 1:11
states [1] - 5:25
States [7] - 1:14, 
1:20, 2:3, 2:4, 2:9, 
3:21, 9:18
STATUS [1] - 1:10
stead [1] - 3:2
Steinbeisser [2] - 
9:16, 9:17
STEINBEISSER [1] - 
1:19
stenography [1] - 
1:22
stenotype [1] - 9:15
stipulations [1] - 7:2
stood [1] - 3:8
Strauss [11] - 2:25, 
3:22, 4:3, 4:5, 4:9, 
4:21, 4:23, 5:10, 
5:11, 8:18, 8:22
Strauss's [2] - 8:24, 
9:1
submit [1] - 3:23
submitted [3] - 4:2, 
4:14, 4:15
substance [1] - 3:13
supplement [1] - 
3:23
T
THE [27] - 1:11, 1:12, 
1:15, 2:2, 2:10, 
2:14, 2:22, 3:15, 
3:18, 4:13, 5:6, 
5:20, 6:2, 6:12, 
6:15, 6:18, 7:8, 
7:10, 7:13, 7:17, 
7:23, 7:25, 8:15, 
8:18, 9:2, 9:6, 9:8
today [3] - 4:22, 6:16, 
8:9
today's [3] - 2:16, 
5:10, 8:2
touch [1] - 2:16
TRACY [1] - 1:8
Tracy [2] - 2:5, 6:1
TRANSCRIPT [1] - 
1:10
transcript [2] - 1:22, 
5:9
transcription [2] - 
Case 0:23-cr-60173-KMW   Document 272   Entered on FLSD Docket 05/16/2025   Page 11 of 12

Lance W. Steinbeisser - Federal Certified Realtime Reporter
12
1:23, 9:14
travel [1] - 3:7
trial [7] - 5:24, 6:2, 
6:9, 6:22, 6:25, 7:5, 
8:9
two [2] - 5:13, 7:6
U
under [3] - 3:11, 
4:11, 5:1
unforeseen [1] - 3:7
UNITED [3] - 1:1, 1:4, 
1:11
United [7] - 1:14, 
1:20, 2:3, 2:4, 2:9, 
3:21, 9:18
up [4] - 4:6, 7:1, 8:18, 
9:1
US [2] - 2:9, 3:7
V
versus [2] - 2:3, 2:4
viewed [2] - 4:17, 
5:22
voluntary [1] - 4:11
vs [1] - 1:6
W
Wade [4] - 2:4, 2:5, 
5:25, 6:1
WADE [2] - 1:7, 1:8
waive [1] - 4:20
waived [1] - 5:13
waiver [5] - 3:25, 
4:10, 4:12, 5:2, 5:4
week [4] - 2:19, 4:2, 
6:11
Wilcox [2] - 2:11, 
5:23
Williams [1] - 2:23
witnesses [2] - 6:24, 
6:25
words [1] - 6:15
written [1] - 4:14
Y
yesterday [1] - 6:16
Case 0:23-cr-60173-KMW   Document 272   Entered on FLSD Docket 05/16/2025   Page 12 of 12

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