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United States v. Lazcon

United States District Court, E.D. Wisconsin

December 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE E. LAZCON, DERRICK L. HARRIS, and RASHAWN T. BUMPUS, Defendants.

          AMENDED TRIAL SCHEDULING ORDER

          J.P. Stadtmueller U.S. District Judge.

         On October 3, 2017, this case was filed with the Court and was assigned to this branch for further proceedings. Defendant Derrick L. Harris filed a motion to continue the trial in this matter, previously scheduled for January 1, 2018, in order to obtain ballistics testing on the subject vehicle in this case. (Docket #56). The government does not oppose the request. Id. Magistrate Judge Nancy Joseph considered the motion in a recent decision and recommends that it be granted. (Docket #62 at 6-7). Additionally, the parties have conferred and have proposed a new trial date agreeable to both sides. (Docket #65). As a result, the Court will adopt Magistrate Joseph's recommendation, grant the motion to continue the trial date, and set a new trial schedule as detailed below.

         Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Nancy Joseph's recommendation as to Defendant Derrick L. Harris' motion to continue the trial in this case (Docket #62) be and the same is hereby ADOPTED;

         IT IS FURTHER ORDERED that Defendant Derrick L. Harris' motion to continue the trial in this case (Docket #56) be and the same is hereby GRANTED; and

         IT IS FURTHER ORDERED as follows:

         The following proceedings in this case have been set and will be held before the Honorable J.P. Stadtmueller in the United States Courthouse, 517 East Wisconsin Avenue, Room 425, Milwaukee, Wisconsin 53202:

L FINAL PRETRIA

CONFERENCE:

Tuesday, March 13, 2018 at 8:30 AM

JURY TRIAL:

Monday, March 19, 2018 at 8:30 AM

         Counsel for the defendants are directed to notify their clients of the date and time of the above scheduled court proceedings. It is the responsibility of the assigned Assistant U.S. Attorney, in consultation with the defendants' attorneys, pretrial services, U.S. Marshals Service, state authorities, and/or the Bureau of Prisons, to ascertain the custodial status of the defendants and take all appropriate measures, including timely application for a writ of habeas corpus, to ensure the defendants' presence.

         To ensure adequate preparation of the case for trial, IT IS FURTHER ORDERED that counsel who will actually try the case for the government and the defendants confer in person, and thereafter prepare and file a single joint final pretrial report, the principal burden for the preparation and filing of which rests with counsel for the government. Consistent with the facts and law applicable to the case, the report must fully address each of the following:

1. A brief summary of the charge(s) against the defendants, bearing in mind that this summary will be read verbatim to potential jurors to inform them of the identity of the defendants and the nature of the charges.
2. The anticipated length of the trial.
3. Stipulations of fact between the parties.
4. The name(s), occupation, and city of residence of all potential witnesses who may be called by the prosecution and/or defendants. Absent extraordinary circumstances and good cause shown, any witness not disclosed in the final pretrial report will not be permitted to testify at trial.
5. A narrative statement detailing the educational background, qualifications, and experience of each expert witness ...

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