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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:23-CR-21-1FL
UNITED STATES OF AMERICA )
)
v. )
) SCHEDULING ORDER
)
CARLOS ALSTON )
The attorneys are ORDERED to conduct a pre-trial conference on or before February 14,
2023. Local Criminal Rule 16.1(b).
All pretrial motions, including motions to compel discovery, motions to suppress, and
motions under Rules 7, 8, 12, 13, 14, 16, and 41 of the Federal Rules of Criminal Procedure, shall
be filed no later than February 28, 2023. Responses to motions shall be filed no later than
March 13, 2023. Untimely motions and motions filed in disregard of Local Criminal Rules 12.2
and 16.1, may be summarily denied. Motion hearings, as necessary, shall be conducted by a district
or magistrate judge in advance of trial.
This case is set for arraignment and trial at that term of criminal court commencing on
March 14, 2023, before the Court, in New Bern, North Carolina. Where trial is anticipated and
the parties do not contemplate need for delay between arraignment and trial, as permitted by the
Speedy Trial Act, 18 U.S.C. ' 3161(h), counsel for each party shall file with the clerk and transmit
electronically to Judge Flanagan on or before seven days prior to date of arraignment (1) a list
of voir dire questions as required by Local Criminal Rule 24.2; and (2) requests for jury
Case 5:23-cr-00021-FL-RN Document 16 Filed 01/27/23 Page 1 of 3
instructions 1 . Local Criminal Rule 24.1. The electronic copies shall be transmitted in
WordPerfect or Word format to proposedorders_nced@nced.uscourts.gov.
Any motion in limine shall be filed not later than seven days prior to the start of trial where
the question or issue bearing on admissibility of evidence reasonably can be contemplated in
advance. Where Aon a party=s motion, the court may hold one or more pretrial conferences to
promote a fair and expeditious trial[,]@ Fed. R. Crim. P. 17.1, the parties are encouraged to move
for such conference if deemed appropriate.
Pursuant to Local Criminal Rule 24.1(c), if a party has a need for any type of courtroom
technology for a hearing or trial, including but not limited to any audio equipment, video
equipment, document presentation system, and jury evidentiary recording system, counsel must
notify the case manager and request training from the court's information technology staff for the
person or persons who will be operating the courtroom technology. Unless excepted by the clerk,
no later than seven days before the scheduled proceeding, counsel must file a certification provided
by the court's technology staff that training has been completed.
Counsel should review all related documentation appearing on the court's website 2 ,
including information concerning formatting of evidentiary DVDs. It is incumbent upon counsel
to alert the Case Manager, Susan Tripp, at (252) 638-8534 of any issues pertaining to evidence
presentation and compatibility of evidence with courtroom technology.
Any request for a continuance of arraignment and trial must recite a basis for good cause
1
If the parties fail to file proposed voir dire and jury instructions by the deadline set
herein, this evidences to the court that the parties are not prepared to proceed to trial at the time of
arraignment owing to their own trial preparation needs. In such instances, trial date certain and
deadlines for submission of voir dire and jury instructions will be set by Judge Flanagan at
administrative conference with counsel following arraignment.
2
http://www.nced.uscourts.gov/attorney/crtech.aspx
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to enable the court to make Speedy Trial Act findings pursuant to 18 U.S.C. § 3161(h), and it must
be filed not later than seven days prior to arraignment. A continuance request failing to meet
these requirements, absent extenuating circumstance, summarily may be denied.
SO ORDERED, this the 27th day of January, 2023.
_________________________
LOUISE W. FLANAGAN
United States District Judge
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