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United States v. Olson

United States District Court, D. Montana, Billings Division

January 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CURTIS WAYNE OLSON and KRISTA LEAH ANDERSON, Defendants.

          ORDER RESETTING TRIAL

          SUSAN P.WATTERS UNITED STATES DISTRICT JUDGE

         A Mandate from the Ninth Circuit Court of Appeals (Doc. 67) was filed in this matter on January 5, 2018 granting the Appellant, the United States' Motion for Voluntary Dismissal of the Appeal (Doc. 56). Therefore, IT IS HEREBY ORDERED that the STAY in the above-captioned case is lifted.

         IT IS FURTHER ORDERED that trial with a jury is reset for 9:00 a.m. on Monday, January 29, 2018, before the Honorable Susan P. Watters. Counsel should be in the Snowy Mountains Courtroom at 8:30 a.m. for a Final Pretrial Conference. For the purposes of the Speedy Trial Act, the days between October 5, 2017 and January 5, 2018 are excludable for all Defendants under 18 U.S.C. Section 3161(h)(1)(C). All Defendants are carried along in this continuance pursuant to 18 U.S.C. Section 3161(h)(6); United States v. Butz, 982 F.2d 1378, 1381 (9th Cir.), cert, denied, 510 U.S. 891 (1993). I find the ends of justice served by granting a continuance outweigh the best interests which the public and the Defendants have in a speedy trial, and that the period of delay is reasonable.

         IT IS FURTHER ORDERED that the scheduling deadlines shall be reset as follows:

Motion for Change of Plea Deadline:

January 19, 2018

Jury Instructions, Trial Briefs, and Trial Notebooks Deadline:

January 22, 2018

Notice of Intent to Use Real-Time, Present Evidence Electronically or Video Conferencing for Witnesses:

January 22, 2018

ANY MOTIONS TO CONTINUE TRIAL Deadline[*](In Order to Allow the Jury Clerk Sufficient Time to Notify Prospective Jurors); failure to comply may subject counsel to sanctions.

January 16, 2018

Plea Agreement Deadline:

48 hours prior to Change of Plea hearing

         All other deadlines previously established by this Court shall remain in effect.

         This schedule must be strictly adhered to by the parties. To efficiently prepare for trial within the times set above, IT IS FURTHER ORDERED:

1. This case will be governed by current Federal Rules of Evidence and Local Rules of Procedure for the United States District Court for the District of Montana.
2. Any party to a criminal proceeding requesting service of a criminal summons or subpoena by the United States Marshals Service must notify the Marshal of the request, along with all documentation necessary to effectuate service, no later than twenty-one (21) days before the desired date of service. A lesser time period may be allowed only upon motion and good cause shown pursuant to Local Rule CR 17.2. Except for good cause shown, service of subpoenas after said date is the responsibility of counsel.
3. Calling witnesses at trial: When a witness is called to testify at trial, counsel shall provide to the clerk of court four (4) copies of a single page document providing the following information about the witness: 1) the full name and current address of the witness; 2) whether the witness has given a statement (taped), a written statement, an interview with government agents (other than an AUS A), or grand jury testimony; 3) a brief description of the nature and substance of the witness's testimony; 4) a listing of each exhibit to which the witness may refer during direct examination.
4. Any petition for a writ of habeas corpus ad testificandum or prosequendum, along with a proposed order, must be filed no later than thirty (30) days prior to the trial date for federal inmates, and no later than ten (10) days prior to the trial date for state prison or county jail inmates.
5. The United States shall submit a trial brief at the same time jury instructions are submitted. The defendant may submit a trial brief All trial briefs shall include legal authority for the party's position on all legal and evidentiary issues. All trial briefs must be filed with the Clerk of Court and served on the other parties.
6. The parties shall be prepared to use the Jury Evidence Recording System (JERS). JERS allows jurors to use a touch-screen to see the evidence admitted at trial in the jury room during their deliberations. JERS is NOT designed to present evidence in the courtroom. Counsel are responsible for showing their own exhibits during trial. Detailed information about how to use JERS, including the proper naming convention and form of exhibits, is found on the Court's website, http://www.mtd.uscourts.gov/ under the heading "Attorneys". Parties must submit their exhibits in proper form to the clerk's office no later than one week before trial.
7. In the absence of a signed plea agreement by the date specified above, the Clerk of Court will order a jury. Except for good cause shown, no plea agreement will be considered by the Court thereafter. Late filing may result in assessment of costs or the loss of the offense level reduction available pursuant to U.S.S.G. §3E 1.1. Plea agreements shall state ...

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