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Home Court filings United States v. Evan and Joshua Edwards — U.S. District Court, M.D. Fla. Briefing Order on 18 U.S.C. § 4246 — United States v. Evan Edwards (a/k/a Ian Heringa)…

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Briefing Order on 18 U.S.C. § 4246 — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

Summary

Briefing order in United States v. Evan Edwards, Orlando Division of the Middle District of Florida, entered after a status hearing with counsel. Within fourteen days, each party must file a brief of no more than 20 pages on whether the provisions of 18 U.S.C. § 4246, in particular the Bureau of Prisons dangerousness assessment and issuance of a certification, are mandatory or may be waived given the facts of this case. The briefs must cite applicable legal authority. If the provisions are found mandatory, the parties must also address the appropriate jurisdiction for the assessment and any resulting hearing.

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“Briefing Order on 18 U.S.C. § 4246 — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards.” Original at ecf.flmd.uscourts.gov, No. 6:22-cr-00201-AGM-LHP, Doc. 239. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-evan-edwards/2024-11-01-briefing-order-4246-dkt-239/, SHA-256 b7fcf98946d19eeac103db2c3a4639269b93f340a7e3a577e2660fb066d20449.

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Case 6:22-cr-00201-AGM-LHP     Document 239     Filed 11/01/24   Page 1 of 2 PageID 1438




                          UNITED STATES DISTRICT COURT
                             MIDDLE DISTRICT OF FLORIDA
                                   ORLANDO DIVISION

      UNITED STATES OF AMERICA

      VS.                                            CASE NO: 6:22-cr-201-WWB-LHP

      EVAN EDWARDS



                            BRIEFING ORDER ON 18 U.S.C. § 4246

            Pursuant to the discussion with counsel at today’s status hearing, see Doc.

      Nos. 227, 235, and in accordance with the undersigned’s contemporaneously

      entered Order, Doc. No. 238, the parties are ORDERED as follows:

            Within fourteen (14) days from the date of this Order, the parties shall each

      file a brief of no more than 20 pages in length addressing whether the provisions of

      18 U.S.C. § 4246 – in particular the dangerousness assessment by the Bureau of

      Prisons and issuance of a certification on same – is mandatory or may be waived

      given the specific facts and circumstances of this case. The parties shall include

      applicable legal authority and shall also address, in the event that the provisions of

      § 4246 are found to be mandatory, the appropriate jurisdiction for the assessment

      and any resulting hearing.
Case 6:22-cr-00201-AGM-LHP     Document 239    Filed 11/01/24   Page 2 of 2 PageID 1439




            DONE and ORDERED in Orlando, Florida on November 1, 2024.




      Copies furnished to:

      United States Attorney
      Counsel for Defendant




                                              -2-


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