Arraignment Notice and Scheduling Order (Said, Omar-Hashim, Abdihakim Ahmed, Mohamud, Asad Abshir, Hamdi Omar and Ghedi) — United States v. Bock et al. (Feeding Our Future) (Dkt. 89, D. Minn.)

Summary

An Arraignment Notice and Scheduling Order, Doc. 89, filed 09/23/22 in Case 0:22-cr-00223-NEB-TNL, United States of America v. Salim Ahmed Said (3) and six other listed defendants, Criminal No. 22-223 (NEB/TNL), in the U.S. District Court for the District of Minnesota. The order sets an arraignment hearing before the Magistrate Judge for November 7, 2022 at 1:00 p.m. and a pretrial schedule, including government disclosures by September 28, 2022, defendant disclosures by October 5, 2022, motions by October 12, 2022 and responses by October 26, 2022. It confirms the government's obligation to disclose exculpatory evidence under Brady v. Maryland. It states that trial must commence on November 28, 2022 at 9:00 a.m. if no pretrial motions are filed, and is dated September 23, 2022 and signed s/Tony N. Leung.

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“Arraignment Notice and Scheduling Order (Said, Omar-Hashim, Abdihakim Ahmed, Mohamud, Asad Abshir, Hamdi Omar and Ghedi) — United States v. Bock et al. (Feeding Our Future) (Dkt. 89, D. Minn.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-bock-et-al-feeding-our-future-dkt-89-d-mi-8145a6f529/, SHA-256 57ded3e31a28dc386bdbe63282847ffa735a209d68cf329f8702938a47c3a12f.

Full text

CASE 0:22-cr-00223-NEB-TNL Doc. 89 Filed 09/23/22 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

United States of America,
Criminal No. 22-223 (NEB/TNL)
Plaintiff,

v.
ARRAIGNMENT NOTICE AND
Salim Ahmed Said (3), SCHEDULING ORDER
Ahmed Sharif Omar-Hashim (5),
Abdihakim Ali Ahmed (7),
Abdikadir Ainanshe Mohamud (9),
Asad Mohamed Abshir (11),
Hamdi Hussein Omar (12),
Ahmed Abdullahi Ghedi (13),

Defendants.

PLEASE TAKE NOTICE that an arraignment hearing will be held before the

undersigned United States Magistrate Judge on November 7, 2022 at 1:00 p.m., in

Courtroom 9W, U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota

55415.

FURTHER, IT IS HEREBY ORDERED that the following schedule shall

govern these proceedings:

1. The government shall make all disclosures required by Federal Rule of

Criminal Procedure 16(a) by September 28, 2022. D. Minn. LR 12.1(a)(1). In order to

avoid the need for a recess of the motions hearing, the government is requested to make,
CASE 0:22-cr-00223-NEB-TNL Doc. 89 Filed 09/23/22 Page 2 of 4

by September 28, 2022, all disclosures which will be required by Fed. R. Crim. P. 26.2

and 12(h).

2. Pursuant to the Due Process Protections Act, the Court confirms the United

States’ obligation to disclose to the defendant all exculpatory evidence- that is, evidence

that favors the defendant or casts doubt on the United States’ case, as required by Brady

v. Maryland, 373 U.S. 83 (1963) and its progeny, and orders the United States to do so.

Failure to do so in a timely manner may result in consequences, including, but not limited

to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt

proceedings, disciplinary action, or sanctions by the Court.

3. Defendant shall make all disclosures required by Federal Rule of Criminal

Procedure 16(b) by October 5, 2022. D. Minn. LR 12.1(a)(2).

4. All motions in the above-entitled case shall be filed and served consistent

with Federal Rules of Criminal Procedure 12(b) and 47 on or before October 12, 2022. 1

D. Minn. LR 12.1(c)(1). Two courtesy copies of all motions and responses shall be

delivered directly to the chambers of Magistrate Judge Leung. 2

1
“Before filing a motion under Fed. R. Crim. P. 12(b), the moving party must confer with the responding
party. The parties must attempt in good faith to clarify and narrow the issues in dispute.” D. Minn. LR 12.1(b).
2
U.S. Mail or hand-deliver to 300 South Fourth Street, Suite 9W, Minneapolis, MN 55415.
3
“When a party intends to call witnesses at a hearing on a motion under Fed. R. Crim. P. 12(b), the party
must file a notice within 35 days after the arraignment. The notice must identify the number of witnesses whom the
party intends to call, the motion or motions that each witness will be addressing, and the estimated duration of each
witness’s testimony.” D. Minn. LR 12.1(c)(3)(A).
4
“If after reviewing a notice under LR 12(c)(3), a party intends to call witnesses at the same hearing, that
party must file a responsive notice within 38 days after the arraignment. The responsive party must identify the
number of witnesses whom the party intends to call, the motion or motions each witness will be addressing, and the
estimated duration of each witness’s testimony.” D. Minn. LR 12.1(c)(3)(B).

2
CASE 0:22-cr-00223-NEB-TNL Doc. 89 Filed 09/23/22 Page 3 of 4

5. Counsel shall electronically file a letter on or before October 12, 2022 if

no motions will be filed and there is no need for hearing.

6. All responses to motions shall be filed by October 26, 2022. D. Minn. LR

12.1(c)(2).

7. Any Notice of Intent to Call Witnesses3 shall be filed by October 26, 2022.

D. Minn. LR. 12.1(c)(3)(A).

8. Any Responsive Notice of Intent to Call Witnesses4 shall be filed by

October 31, 2022. D. Minn. LR 12.1(c)(3)(B).

9. A motions hearing will be held pursuant to Federal Rules of Criminal

Procedure 12(c) where:

a. The government makes timely disclosures and Defendant pleads
particularized matters for which an evidentiary hearing is necessary;
or

b. Oral argument is requested by either party in its motion, objection or
response pleadings.

10. If required, the motions hearing shall be heard before Magistrate Judge

Tony N. Leung on November 7, 2022, at 1:00 p.m., in Courtroom 9W, U.S.

Courthouse, 300 South Fourth Street, Minneapolis, Minnesota. D. Minn. LR 12.1(d).

11. TRIAL:

a. IF NO PRETRIAL MOTIONS ARE FILED BY DEFENDANT:

the following trial and trial-related dates are:

All voir dire questions and jury instructions must be submitted to District

Judge Nancy E. Brasel on or before November 14, 2022.

3
CASE 0:22-cr-00223-NEB-TNL Doc. 89 Filed 09/23/22 Page 4 of 4

This case must commence trial on November 28, 2022, at 9:00 a.m. before

District Judge Nancy E. Brasel in Courtroom 13W, U.S. Courthouse, 300 South Fourth

Street, MINNEAPOLIS, Minnesota.

b. IF PRETRIAL MOTIONS ARE FILED, the trial date, and

other related dates, will be rescheduled following the ruling on pretrial motions.

Counsel must contact the Courtroom Deputy for District Judge Brasel to confirm

the new trial date.

Dated: September 23, 2022 s/Tony N. Leung
TONY N. LEUNG
United States Magistrate Judge

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