IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 2:06cr169-WKW

) WO

DEMETRIOUS TERRELL PEGUES )

TERRENCE ANTWAN JEROME NEWKIRK )

CHARLES DANIEL CRAIG )

WILLIAM EARL ULMER )

ORDER ON ARRAIGNMENT

On March 7, 2007, defendants DEMETRIOUS TERRELL PEGUES, TERRENCE

ANTWAN JEROME NEWKIRK, CHARLES DANIEL CRAIG, and WILLIAM EARL

ULMER appeared in person and in open court with counsel and were arraigned in

accordance with the provisions of Rule 10 of the Federal Rules of Criminal Procedure.

PLEA. The defendants 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 April

2, 2007 at 3:00 p.m. in Courtroom 5-B, Frank M. Johnson, Jr. Federal Building and United

States Courthouse Complex, One Church Street, Montgomery, Alabama. Not later than

three (3) days prior to the date of the pretrial conference, counsel shall confer about the

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 1 of 9
2

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

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. At arraignment, the parties agreed that due to the nature of this case, the

need for adequate time for discovery and the need for counsel to have adequate time for trial

preparation, the case should be set for trial before United States District Judge William

Keith Watkins on the trial term beginning on June 4, 2007, 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)(8)(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)(8)(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

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 2 of 9
1

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

3

pursuant to this court’s standing order on discovery must be filed no later than TWO DAYS

BEFORE THE FIRST PRETRIAL CONFERENCE HELD IN THIS CASE. No

motion filed after this date will be considered unless filed with leave of court. A continuance

of the pretrial conference or trial does not extend the motions deadline. THE

CONFERENCING REQUIREMENT SET FORTH IN THE STANDING ORDER ON

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.

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 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, 764F.2d 1514, 1526-27 (11th

Cir. 1985).

The government shall file a response to all motions filed by the defendant on or

before five days prior to the date set for a hearing on the motion or, if no hearing is

necessary, on or before ten (10) days after the date of the pretrial conference.

DISCOVERY. All discovery in this action shall be conducted according to the

requirements of this court’s Standing Order on Criminal Discovery. A copy of the standing

order is attached and also may be found at http://www.almd.uscourts.gov/. Unless the

government provided initial disclosures to the defendant prior to or at arraignment, the

government is ORDERED to tender initial disclosure to the defendant on or before March

7, 2007. Disclosures by the defendant, as required by ¶4 of the Standing Order on Criminal

Discovery shall be provided on or before March 14, 2007.

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

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 3 of 9
4

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.

NOTE: Except in extraordinary circumstances or circumstances in which the

Constitution would require it, the court will not entertain motions to withdraw filed by

counsel who appear at arraignment unless the motions are filed within seven days of the

date of this order. Failure to obtain fees from a client is not an extraordinary

circumstance.

DONE, this 9th day of March, 2007.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 4 of 9
5

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

STANDING ORDER ON CRIMINAL DISCOVERY

It is the court's policy to rely on the standard discovery procedure as set forth in this Order

as the sole means of the exchange of discovery in criminal cases except in extraordinary

circumstances. This Order is intended to promote the efficient exchange of discovery without

altering the rights and obligations of the parties, but at the same time eliminating the practice of

routinely filing perfunctory and duplicative discovery motions.

INITIAL DISCLOSURES:

(1) Disclosure by the Government. At arraignment, or on a date otherwise set by the

court for good cause shown, the government shall tender to defendant the following:

(A) Fed.R.Crim.P. 16(a) Information. All discoverable information within the scope of

Rule 16(a) of the Federal Rules of Criminal Procedure.

(B) Brady Material. All information and material known to the government which may

be favorable to the defendant on the issues of guilt or punishment, without regard to

materiality, within the scope of Brady v. Maryland, 373 U.S. 83 (1963).

(C) Giglio Material. The existence and substance of any payments, promises of

immunity, leniency, preferential treatment, or other inducements made to prospective

witnesses, within the scope of United States v. Giglio, 405 U.S. 150 (1972).

(D) Testifying informant's convictions. A record of prior convictions of any alleged

 informant who will testify for the government at trial.

(E) Defendant's identification. If a line-up, show-up, photo spread or similar procedure

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 5 of 9
6

was used in attempting to identify the defendant, the exact procedure and participants

shall be described and the results, together with any pictures and photographs, shall

be disclosed.

(F) Inspection of vehicles, vessels, or aircraft. If any vehicle, vessel, or aircraft was

allegedly utilized in the commission of any offenses charged, the government shall

permit the defendant's counsel and any expert selected by the defense to inspect it,

if it is in the custody of any governmental authority.

(G) Defendant's latent prints. If latent fingerprints, or prints of any type, have been

identified by a government expert as those of the defendant, copies thereof shall be

provided.

(H) Fed.R.Evid.404(b). The government shall advise the defendant of its intention to

introduce evidence in its case in chief at trial, pursuant to Rule 404(b) of the Federal

Rules of Evidence.

(I) Electronic Surveillance Information. If the defendant was an "aggrieved person" as

defined in 18 U.S.C. §2510(11), the government shall so advise the defendant and

set forth the detailed circumstances thereof.

(2) Obligations of the Government.

(A) The government shall anticipate the need for, and arrange for the transcription of, the

grand jury testimony of all witnesses who will testify in the government's case in

chief, if subject to Fed.R.Crim.P. 26.2 and 18 U.S.C. §3500. Jencks Act materials

and witnesses' statements shall be provided as required by Fed.R.Crim.P. 26.2 and

18 U.S.C. §3500. However, the government, and where applicable, the defendant,

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 6 of 9
7

are requested to make such materials and statements available to the other party

sufficiently in advance as to avoid any delays or interruptions at trial. The court

suggests an early disclosure of Jencks Act materials.

(B) The government shall advise all government agents and officers involved in the case

to preserve all rough notes.

(C) The identification and production of all discoverable evidence or information is the

personal responsibility of the Assistant United States Attorney assigned to the case

and may not be delegated without the express permission of the court.

(3) Disclosures to U.S. Probation. At arraignment, or on a date otherwise designated

by the court upon good cause shown, the government shall tender to the U.S. Probation Office all

essential information needed by U.S. Probation to accurately calculate the sentencing guideline

range for the defendant, including, but not limited to, information regarding the nature of the offense

(offense level), the nature of the victim and the injury sustained by the victim, defendant's role in

the offense, whether defendant obstructed justice in the commission of the crime, defendant's

criminal history, and any information regarding defendant's status as a career offender/armed career

criminal. In addition, in order to comply with the requirements of the Anti-Terrorism Act, the

government shall produce to the U.S. Probation Office information regarding the victims of

defendant's alleged criminal activity, including, but not limited to, the identity of the victim by name,

address, and phone number, and the nature and extent of the victim's loss or 

injury.

(4) Disclosures by the Defendant. If defendant accepts or requests disclosure of

discoverable information pursuant to Fed.R.Crim.P. 16(a)(1)(C), (D), or (E), defendant, on or before

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 7 of 9
8

a date set by the court, shall provide to the government all discoverable information within the scope

of Fed.R.Crim.P. 16(b).

SUPPLEMENTATION. The provisions of Fed.R.Crim.P. 16(c) are applicable. It shall be

the duty of counsel for all parties to immediately reveal to opposing counsel all newly discovered

information, evidence, or other material within the scope of this Rule, and there is a continuing duty

upon each attorney to disclose expeditiously.

MOTIONS FOR DISCOVERY. No attorney shall file a discovery motion without first

conferring with opposing counsel, and no motion will be considered by the court unless it is

accompanied by a certification of such conference and a statement of the moving party's good faith

efforts to resolve the subject matter of the motion by agreement with opposing counsel. No

discovery motions shall be filed for information or material within the scope of this Rule unless it

is a motion to compel, a motion for protective order or a motion for an order modifying discovery.

See Fed.R.Crim.P. 16(d). Discovery requests made pursuant to Fed.R.Crim.P. 16 and this Order

require no action on the part of this court and shall not be filed with the court, unless the party

making the request desires to preserve the discovery matter for appeal.

DONE this 4th day of February, 1999.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

Chief United States District Judge

/s/ Myron H. Thompson 

MYRON H. THOMPSON

United States District Judge

/s/Ira DeMent 

IRA DeMENT

United States District Judge

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 8 of 9
9

Case 2:06-cr-00169-WKW-SRW Document 122 Filed 03/12/2007 Page 9 of 9