Order on Arraignment — No. 3:24-cr-00107 (Dkt. 16, M.D. Ala.)

Summary

An order on arraignment in United States v. Kyle N. Carlisle, CASE NO. 3:24-cr-107-RAH-JTA, in the U.S. District Court for the Middle District of Alabama, Eastern Division, filed June 12, 2024 as Document 16 (3 pages), with the signature block of Magistrate Judge Jerusha T. Adams. The defendant was arraigned on June 11, 2024 and entered a plea of not guilty. An initial pretrial conference is set by telephone for July 10, 2024 at 1:00 p.m., and trial is set before District Judge R. Austin Huffaker, Jr. on the term beginning October 21, 2024 at 10:00 a.m. in Opelika. The government is ordered to tender initial disclosures on or before June 11, 2024, and the defendant's disclosures are due June 18, 2024.

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“Order on Arraignment — No. 3:24-cr-00107 (Dkt. 16, M.D. Ala.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-on-arraignment-no-3-24-cr-00107-dkt-16-m-d-ala-f9312f1c7e/, SHA-256 ff62aa29b3bd3e22cf8d0609fbde7af9ecae03016704b0b8e7a5a61c95ebaa67.

Full text

Case 3:24-cr-00107-RAH-JTA Document 16 Filed 06/12/24 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

UNITED STATES OF AMERICA )
)
v. ) CASE NO. 3:24-cr-107-RAH-JTA
) (WO)
KYLE N. CARLISLE )

ORDER ON ARRAIGNMENT

On June 11, 2024, the defendant, Kyle N. Carlisle, appeared in person and in open
court with counsel, Spencer Hahn and was arraigned in accordance with the provisions of
Rule 10 of the Federal Rules of Criminal Procedure.

PLEA. The defendant entered a plea of NOT GUILTY. Counsel for the defendant
is requested to contact the U.S. Attorney immediately if the defendant intends to engage in
plea negotiations. If the defendant decides to change this plea, the parties shall file a notice
of intent to plead guilty or otherwise notify the clerk’s office at or before the pretrial
conference and then this action will be set on a plea docket.

PRELIMINARY SENTENCING GUIDELINES INFORMATION. The court
no longer requires the United States Probation Office to provide preliminary sentencing
guideline information to defendants. However, in difficult or complex cases defendants
may request the United States Probation Office to provide Sentencing Guideline
calculation assistance with the understanding that any estimate is tentative only and is not
binding on the United States Probation Office, the parties or the court. The court expects
that requests for Sentencing Guideline calculation assistance shall be the exception and that
defendants will not make such requests a matter of routine. A request for Sentencing
Guideline calculation assistance shall be made to the United States Probation Office not
later than 10 days from the date of this order.

PRETRIAL CONFERENCE. An initial pretrial conference is hereby set for July
10, 2024, at 1:00 p.m., via telephone conference. Not later than three (3) days prior
to the date of the pretrial conference, counsel shall confer about the issues and matters
to be discussed at the pretrial conference as set forth in this order. Counsel who want
in-custody defendants to attend must notify the Magistrate Judge within three days of the
conference date so that an order to produce can be issued to the United States Marshal.

At the pretrial conference defense counsel and counsel for the government shall be
fully prepared to discuss all pending motions, the status of discovery, possible stipulations,
and the estimated length of the trial. The defense counsel and counsel for the government
Case 3:24-cr-00107-RAH-JTA Document 16 Filed 06/12/24 Page 2 of 3

shall be fully prepared to provide a definite commitment as to the final disposition of this
case - by trial, plea or other non-trial disposition. If resolution of a dispositive motion will
affect the nature of this commitment, counsel must be fully prepared to discuss this type of
resolution. If the case is for plea, the notice of intent to enter a plea should be filed at the
time of the pretrial conference. If counsel require additional time for plea negotiations,
counsel should be prepared to inform the court about the date when those negotiations will
be completed.

TRIAL. This case is set for trial before United States District Judge R. Austin
Huffaker, Jr. on the trial term beginning on October 21, 2024, at 10:00 a.m., in Opelika,
Alabama, unless otherwise ordered by the court.

In setting this case for trial on the term indicated above, the court recognizes that
the Speedy Trial Act places limits on the court’s discretion, and that under the act, the trial
of a defendant must commence within 70 days of the date of the indictment or the date of
the defendant’s first appearance before a judicial officer, whichever is later. 18 U.S.C. §
3161(c)(1). In determining whether a case should be set after the expiration of the 70 day
period, a court must consider among other factors “[w]hether the failure to [set the case at
a later date] . . . would be likely to . . . result in a miscarriage of justice.” 18 U.S.C. §
3161(h)(7)(B)(I). The court also must consider “whether the failure to grant such a
continuance . . . would deny counsel for the defendant or the attorney for the government
the reasonable time necessary for effective preparation, taking into account the exercise of
due diligence.” 18 U.S.C. § 3161(h)(7)(B)(iv). Based on the nature of this case, the
parties’ need for adequate time for discovery and the need for counsel to have adequate
time for trial preparation, the court finds that the ends of justice served by setting this case
on this trial term outweigh the best interest of the public and the defendant in a speedy trial.
Any requested voir dire questions and jury instructions must be filed no later than one
week before jury selection.

PRETRIAL MOTIONS. All pretrial motions under Fed. R. Crim. P. 12(b) and
(d), 14 and 16, all notices under Fed. R. Crim. P. 12.1, 12.2 and 12.3, and any motion to
compel pursuant to M.D. Ala. LCrR 16.1 Criminal Discovery (a copy of this Rule may
be found at http://www.almd.uscourts.gov/forms/almd-local-rules) must be filed no later
than TWO DAYS BEFORE THE FIRST PRETRIAL CONFERENCE HELD IN
THIS CASE, except that if the pretrial conference falls on Monday, the deadline for
filing pretrial motions is always the preceding Wednesday. No motion filed after this
date will be considered unless filed with leave of court. Unless otherwise ordered by the
court, the continuance of the trial of a case will not extend the time for filing pretrial
motions. THE CONFERENCING REQUIREMENT SET FORTH IN M.D. Ala.
LCrR 16.1(c) CRIMINAL DISCOVERY SHALL BE MET BEFORE THE COURT
WILL CONSIDER ANY DISCOVERY MOTION. THE COURT WILL NOT
GRANT MOTIONS TO ADOPT MOTIONS FILED BY OTHER DEFENDANTS.
Case 3:24-cr-00107-RAH-JTA Document 16 Filed 06/12/24 Page 3 of 3

Motions to suppress must allege specific facts which, if proven, would provide a
basis of relief. This court will summarily dismiss suppression motions which are supported
only by general or conclusory assertions founded on mere suspicion or conjecture. All
grounds upon which the defendant relies must be specifically stated in the motion in
separately numbered paragraphs in a section of the motion which is labeled "Issues
Presented.". Grounds not stated in the "Issues Presented" section of the motion will
be deemed to have been waived. See generally United States v. Richardson, 764 F.2d
1514,1526-27 (11th Cir. 1985).

DISCOVERY. All discovery in this action shall be conducted according to the
requirements of M.D. Ala. LCrR 16.1 Criminal Discovery. Unless the government
provided initial disclosures to defendant prior to or at arraignment, the government is
ORDERED to tender initial disclosures to the defendant on or before June 11, 2024.
Disclosures by the defendant, as required by M.D. Ala. LCrR 16.1(a)(4) shall be provided
on or before June 18, 2024.

JENCKS ACT STATEMENTS. The government agrees to provide defense
counsel with all Jencks Act statements no later than the day scheduled for the
commencement of the trial. 1

MANDATORY APPEARANCE OF COUNSEL. Counsel of record for all
parties are ORDERED to appear at all future court proceedings in this criminal case.
Those attorneys who find it impossible to be in attendance (especially at the pretrial
conference, jury selection, or trial) must make arrangements to have substitute counsel
appear on behalf of their clients. Any attorney who appears as substitute counsel for a
defendant shall have full authorization from the defendant to act on his or her behalf and
be fully prepared to proceed. Substitute counsel shall not be counsel for a co-defendant
unless permitted by the court after proper motion. Any counsel who wishes to have
substitute counsel appear must obtain permission of the court in advance.

DONE this 12th day of June, 2024.

_________________________________
JERUSHA T. ADAMS
UNITED STATES MAGISTRATE JUDGE

1
In certain complex cases, the government may agree to earlier production.

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