Order on Arraignment — United States v. Jason Carl Pears, No. 22-CR-00079-TFM-B (Dkt. 7, S.D. Ala.)
Summary
An Order on Arraignment signed May 4, 2022 by U.S. Magistrate Judge Katherine P. Nelson in Criminal No. 22-CR-00079-TFM-B (S.D. Ala.) records that Jason Carl Pears appeared with appointed counsel Barre Dumas and entered a plea of NOT GUILTY. The case is set for the July 2022 criminal term, with jury selection printed as July 5, 2022 at 8:30 a.m. and the final schedule to be published by the presiding District Judge. The order sets pretrial motions due May 18, 2022, a phone status conference that day at 9:30 a.m. before Magistrate Judge William E. Cassady and a phone pretrial conference on June 14, 2022 at 9:00 a.m., and directs Probation Officer Clay Marsal to file preliminary guideline calculations by May 16, 2022. A continuance request must be filed at least one day before the pretrial conference with a Speedy Trial Waiver; blank guideline certification and waiver forms are attached.
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA :
:
vs. : CRIMINAL NO. 22-CR-00079-TFM-B
:
JASON CARL PEARS, :
:
Defendant.
ORDER ON ARRAIGNMENT
Defendant JASON CARL PEARS, appeared in open court with
appointed counsel Barre Dumas on May 4, 2022, and was arraigned in
accordance with Fed.R.Crim.P. 10. Appearing for the Government
was Assistant United States Attorney Justin Kopf (standing in for
Kasee Heisterhagen).
PLEA. Defendant entered the plea of NOT GUILTY. If there is
a request to change this plea, Defendant shall file a Notice of
Intent to Plead Guilty1 no later than the pretrial conference and
the case will then be set on a plea docket. If Defendant files a
Notice of Intent to Plead Guilty prior to the pretrial conference,
the Deputy Clerk will schedule a change-of-plea hearing based on
the directions of the District Judge to whom the case is assigned.2
TRIAL. This action is set for trial during the criminal term
of July 2022, with jury selection on either 2022 or July 5, 2022
at 8:30 a.m.; however, the final jury selection and trial schedule
will be published by the presiding District Judge no later than
the Wednesday prior to the week of jury selection.
1The Notice of Intent to Plead Guilty shall reflect the
specific count(s)to which the Defendant will plea, and whether
there is a plea agreement.
2In those instances where a Notice of Intent to Plead Guilty
is filed prior to the pretrial conference date, it is not necessary
for counsel or the Defendant to appear for the conference.
DISCOVERY. Discovery in this action shall be conducted
according to the requirements of SD ALA CrLR 16. If the United
States has not provided the information required by SD ALA CrLR
16(b) at the time of arraignment, a notice shall be filed no later
than (3 days from arr) May 9, 2022 which identifies the outstanding
discovery and provides the anticipated production date.
Disclosures by the defendant, required in CrLR 16(b)(4), shall be
accomplished no later than (5 days from arr) May 9, 2022.
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.
PRETRIAL MOTIONS. All pretrial motions under Fed.R.Crim.P.
12(b) and (d), 14 and 16 and all notices or demands under
Fed.R.Crim.P. 12.1, 12.2, and 12.3, and SD ALA CrLR 12.5
(entrapment), and any motions to compel pursuant to S.D. Ala. CrLR
16(d) must be filed no later than May 18, 2022. Pretrial motions
filed after this date must contain an explanation as to why they
were not timely filed and will be considered only if good cause
for the tardy filing has been shown. Any discovery motion not
containing the required conferencing certificate will be stricken.
Any motion for limine must be filed no later than FIVE BUSINESS
DAYS AFTER THE FIRST PRETRIAL CONFERENCE HELD IN THIS CASE, June
21, 2022. Response to the motion in limine is due no later than
FIVE BUSINESS DAYS AFTER THE MOTION IS FILED.
PRELIMINARY SENTENCING GUIDELINES INFORMATION. The United
States Probation Officer assigned to this case is Clay Marsal. Mr.
Marsal is directed to prepare and file preliminary guideline
sentencing calculations based on the relevant information that is
available. The preliminary report is to be filed no later than
two days before the status conference, May 16, 2022, so that the
parties will have sufficient time to review the report prior to
the status conference. The filing of these preliminary
calculations is solely for the purpose of providing the attorneys
and defendants with information that may be helpful in analyzing
the possible applications of the United States Sentencing
Guidelines and in preparing the case for trial or other resolution.
Counsel shall be prepared to raise any questions or concerns about
the calculations during the status conference.
STATUS CONFERENCE. This action is scheduled for a status
conference on May 18, 2022, at 9:30 a.m., BY PHONE before
Magistrate Judge William E. Cassady. The number for counsel and
the defendant [if released on bond] to call-in is 571-353-2301;
Guest ID: 002111804. Defense counsel and lead Assistant United
States Attorney are directed to be present BY PHONE at the
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status conference. The attorneys are expected to have conferred
with their clients and to have thoroughly reviewed the
preliminary report and discovery materials prior to the status
conference so as to foster meaningful discussions about the
ultimate disposition of the case. The status conference
represents a critical stage in the criminal proceedings; thus,
personal attendance by the attorneys and the defendants,
including those on bond, is mandatory. When requested, U.S.
Probation officer Clay Marsal will make arrangements to appear.
The date and time of the status conference can be modified only
with the approval of the undersigned Magistrate Judge, but in no
event will the conference be conducted within seven days prior
to the pretrial conference. If Defendant is in custody, the
Marshal is DIRECTED to produce him/her for the status
conference.
In those instances where a Notice of Intent to Plead Guilty
is filed prior to the status conference date, is not necessary for
counsel or the Defendant to appear for the status conference
provided defense counsel has also executed and filed a
Certification of Preliminary Guideline Calculations (Attachment 1)
along with the Notice of Intent to Plead Guilty.
PRETRIAL CONFERENCE. A pretrial conference is hereby
scheduled to be conducted before the undersigned BY PHONE on June
14, 2022 at 9:00 a.m. Lead trial counsel shall attend the pretrial
conference and shall be prepared to give a FIRM COMMITMENT at the
pretrial conference as to the final disposition of this action.
The number for counsel to call-in is 571-353-2301; Guest ID:
002111801. Defense counsel and counsel for the Government shall
also be prepared to discuss all pending motions and discovery
problems, possible stipulations, estimated length of the trial,
change of plea, and any other preliminary matters. Defendant may
attend this conference, but his/her presence is not required.
Counsel who want in-custody defendants to attend must notify the
undersigned Magistrate Judge within three days of the conference
date so that, where necessary, an order to produce can be issued
to the United States Marshal.
A request to reschedule the trial term may be presented in a
joint motion if the parties agree that due to the nature of the
case, more time is needed for discovery and adequate preparation.
Any request for a continuance shall detail the reasons for said
request, shall be in compliance with S.D. Ala. CrLR 12(a)(2), and
shall be filed AT LEAST ONE DAY before the pretrial conference. If
a motion for a continuance is not timely filed, it is deemed waived
except in those situations when events occurring after the pretrial
conference require a continuance. A Defendant’s continuance
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request shall include a Speedy Trial Waiver. The Waiver must
comply with the form attached hereto as “Attachment 2,” and must
be executed by Defendant and his/her counsel. No action will be
continued unless an appropriate waiver has been timely filed, and
good cause has been established.
MANDATORY APPEARANCE OF COUNSEL. Counsel of record for all
parties are ORDERED to appear at all future Court proceedings in
this criminal action. Those counsel who find it impossible to
attend (especially at the Probation Office conference, 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 shall have full
authorization from 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 on motion by
Defendant.
LOCAL RULES. All parties are reminded that the Local Rules
of this District contain important requirements concerning
discovery matters, representation of defendants, and other
matters. They are posted on the Court's website,
http://www.alsd.uscourts.gov.
DONE this the 4th day of May, 2022.
/s/Katherine P. Nelson
UNITED STATES MAGISTRATE JUDGE
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ATTACHMENT 1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA :
:
vs. : CRIMINAL NO.
:
:
:
DEFENDANT.
CERTIFICATION REGARDING THE PRELIMINARY GUIDELINE
CALCULATIONS OF THE PROBATION OFFICER
The Court, during the arraignment hearing, directed the
United States Probation Officer to prepare preliminary
calculations, consistent with United States Sentencing Guidelines,
as an aide to the parties’ efforts to determine the range of
possible sentences that could be imposed should the Defendant be
found guilty on any pending charge. It was intended that the
Court, the Defendant, Defendant’s attorney and the Assistant
United States Attorney, would have had an opportunity to examine
the report on preliminary calculations prior to the pretrial
conference. It was also recognized that the calculations would be
based on the Probation Officer’s review of the relevant information
available to the Probation Officer at the time his report is
completed and filed.
The Probation Officer in this action has completed the
preliminary guideline calculations and they have been shared with
the parties. After receipt and review of these preliminary
calculations, counsel certifies to the following:
1. A copy of the Probation Officer’s report containing the
preliminary guideline calculations has been shown to the Defendant
and we discussed the guideline calculations contained in the
report;
2. I have provided the Defendant with an independent
assessment of the preliminary guideline calculations contained in
the report;
3. The Defendant has been given an opportunity to ask
questions regarding the preliminary guideline calculations and I
have responded to those questions; and
5
4. The Defendant was advised that the preliminary guideline
calculations contained in the report are based on the Probation
Officer’s review of the relevant information available to him/her
at the time the report was completed and filed, and that the United
States Sentencing Guidelines are advisory and do not bind the
Court. Furthermore, the Defendant was also advised that the
preliminary guideline calculations might be different from the
final calculations in the event he/she is found guilty on any
pending charge and a presentencing report is ordered.
I certify under the penalty of perjury that the foregoing
is true and correct on this the ________ day of ______________,
2018.
____________________________________
Attorney’s Signature
____________________________________
Attorney’s Name Printed
Attorney for Defendant _______________
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ATTACHMENT 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA :
:
vs. : CRIMINAL NO.
:
:
DEFENDANT. :
WAIVER OF RIGHT TO A SPEEDY TRIAL
I understand that I have the right to have my trial commence
within the time required by the Speedy Trial Act, 18 U.S.C. § §
3161-3174, but have elected to have that time period extended.
I, being fully advised of my rights regarding a speedy trial,
knowingly, intelligently and voluntarily waive (GIVE UP) my right
to a speedy trial. This decision has been made after I:
(A) was advised by my attorney of the reasons for seeking
a continuance;
(B) became aware that the time requested in the
extension may be excluded from any calculation of time under the
Speedy Trial Act; and
(C) with full understanding and knowledge, have agreed
to the extension of time to the , 20 trial term.
[month]
I certify under the penalty of perjury that the foregoing is
true and correct on this the ________ day of ______________, 2017.
______________________________________
DEFENDANT’S SIGNATURE
APPROVED BY:
_______________________________________
COUNSEL FOR DEFENDANT
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