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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-80048-CR-WPD

UNITED STATES OF AMERICA

v. 

JUSTIN SMITH, 

Defendant. 

___________________________________/

JOINT MOTION TO CONDUCT INITIAL APPEARANCE, WAIVER OF 

INDICTMENT AND ARRAIGNMENT BY VIDEOCONFERENCE

The United States of America and defendant Justin Smith, by and through undersigned 

counsel, hereby jointly move the Court for an order allowing defendant and defendant’s counsel 

to appear by videoconference for defendant’s initial appearance, waiver of indictment, and 

arraignment in this case. On June 19, 2020, defendant was charged by criminal information with 

conspiracy to distribute controlled substances, in violation of 21 U.S.C. § 846. ECF No. 1. 

The defendant intends to waive indictment and does not dispute the jurisdiction of this 

Court. The defendant resides in Arkansas and is not in custody. Defendant’s lead counsel is 

located in Birmingham, Alabama. The government intends to recommend that, under the 

circumstances, defendant remain on pretrial release with appropriate conditions of release. The 

parties agree that requiring the defendant and counsel to physically travel to the Southern District 

of Florida for these pretrial hearings would create unnecessary health risks for the Court, 

defendant, and counsel.

The parties therefore respectfully request permission to appear by videoconference for 

Case 9:20-cr-80048-WPD Document 7 Entered on FLSD Docket 07/27/2020 Page 1 of 3
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the initial appearance, waiver and the arraignment. Pursuant to Rules 5(f) and 10(c) of the 

Federal Rules of Criminal Procedure, defendant consents to participating in the initial 

appearance and the arraignment by video teleconferencing, and waives any potential claims 

based on the appearance via teleconference. The parties’ request is consistent with the Southern 

District of Florida Administrative Order 2020-40 concerning authorization under the CARES 

Act to conduct certain criminal proceedings by video or audio conference. The Administrative 

Order authorizes, with the consent of the defendant after consultation with counsel, to use video 

conferencing or telephone conferencing of video conferencing is not reasonably available for 

initial appearances, waivers of indictment, and arraignment pursuant to the Federal Rules of 

Criminal Procedure. 

CONCLUSION

WHEREFORE, for the foregoing reasons, the parties jointly and respectfully request 

that this Court enter an order allowing defendant and counsel for defendant to appear by 

videoconference or telephone for defendant’s initial appearance and arraignment. 

DATED: July 27, 2020

Respectfully submitted,

 /s/ Thomas J. Spina

Thomas J. Spina

AL Bar #4959-N77T

1330 21st Way South, Suite 200

Birmingham, Alabama 35205

Telephone: (205) 939-1330

tommy@tommyspina.com

Counsel for Justin Smith

ARIANA FAJARDO ORSHAN

UNITED STATES ATTORNEY

GUSTAV W. EYLER 

DIRECTOR 

CONSUMER PROTECTION BRANCH 

U.S. DEPARTMENT OF JUSTICE 

 /s/ Alistair Reader

ALISTAIR F. A. READER 

Court ID A5502377

Case 9:20-cr-80048-WPD Document 7 Entered on FLSD Docket 07/27/2020 Page 2 of 3
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STEPHEN J. GRIPKEY

Court ID A5502620

JOHN W. BURKE

Court ID A5501294

Trial Attorneys 

U.S. Department of Justice

Consumer Protection Branch

450 Fifth Street, NW Suite 6400-South

Washington, DC 20001

Alistair.F.Reader@usdoj.gov

(202) 353-9930 

Stephen.Gripkey@usdoj.gov

(202) 307-0048

Josh.Burke@usdoj.gov

(202) 353-2001

(202) 514-8742 (facsimile)

CERTIFICATE OF CONFERENCE (LOCAL RULE 88.9A)

Under local Rule 88.9A, I HEREBY CERTIFY that I conferred with counsel Tommy 

Spina for defendant Justin Smith, who joins in the motion. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I electronically filed the foregoing document with the Clerk 

of the Court using CM/ECF this July 27, 2020.

 /s/ Alistair Reader

Alistair Reader

Trial Attorney

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