IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

)

UNITED STATES OF AMERICA )

 )

 v. ) CR. NO. 2:06-CR-202-WKW

 )

EUGENE L. CLECKLER and )

KIM CLECKLER )

)

Unopposed Request for Trial Term Setting

The Government respectfully requests that the Court set this case for trial no

earlier than Wednesday, January 10, 2007, which would be approximately second in the

order of cases that are set for the Court’s trial term beginning on January 8, 2006. The

United States requests this relief for the following reasons:

1. The Government has been advised that one of its witnesses, Terry Mezzell,

a former employee of the defendants’ business, had, before he was served with the trial

subpoena, scheduled appointments at the Veterans’ Administration hospital in

Birmingham for Friday, January 5, 2007, and Monday, January 8, 2007. The

appointments relate to, respectively, kidney stone removal and radiation treatment for

cancer. Mr. Mezzell has advised that he expects his recovery period to be brief, and that

if all goes well he could be available as early as Tuesday, January 9, 2007. The

Government's counsel expects to meet with Mr. Mezzell tomorrow and will obtain further

details. 

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2. Based upon the information it currently possesses, the Government believes

that scheduling the Cleckler trial to begin on Wednesday, January 10, 2007,

(approximately the second of the three trials for this term) will obviate the need for a last

minute continuance if Mr. Mezzell's recuperation takes longer than expected. The United

States will, of course, immediately update the Court should Mr. Mezzell’s health situation

change. 

3. The Government has spoken with George Beck, counsel for Kim Cleckler,

who advised that while he did not object to the Government's request, he wished the

Court to know that he had previously scheduled a three-day vacation beginning Friday,

January 19, 2007. The Government believes that if the Cleckler trial is scheduled to go

second with an expected start date of Wednesday, January 10, 2007, the trial would be

concluded well in advance of Friday the 19th.

4. The Government has also spoken with Ron Brunson, counsel for Eugene

Cleckler, who did not object to the trial being listed second, although he would prefer that

it not be third due to another trial scheduled to begin January 22, 2007.

Based on the facts stated above, the United States respectfully requests that the

trial for this case be set second in the Court’s order of cases.

Respectfully submitted this 2nd day of January, 2006,

LEURA G. CANARY

United States Attorney

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/s/ Christopher A. Snyder 

ANDREW O. SCHIFF CHRISTOPHER A. SNYDER

Deputy Chief, Criminal Division Assistant United State Attorney

One Court Square, Suite 201 One Court Square, Suite 201

Montgomery, AL 36104 Montgomery, AL 36104

Phone: (334) 223-7280 Phone: (334) 223-7280

Fax: (334) 223-7135 Fax: (334) 223-7135

E-mail: andrew.schiff@usdoj.gov E-mail: christopher.a.snyder@usdoj.gov 

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IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

)

UNITED STATES OF AMERICA )

 )

 v. ) CR. NO. 2:06-CR-202-WKW

 )

EUGENE L. CLECKLER and )

KIM CLECKLER )

)

Certificate of Service

I hereby certify that on January 2, 2006, I electronically filed the foregoing with the

Clerk of Court, using the CM/ECF system, which will send notification of such filing to all

attorneys of record.

Respectfully submitted,

LEURA G. CANARY

UNITED STATES ATTORNEY

/s/ Christopher A. Snyder 

ANDREW O. SCHIFF CHRISTOPHER A. SNYDER

Deputy Chief, Criminal Division Assistant United State Attorney

One Court Square, Suite 201 One Court Square, Suite 201

Montgomery, AL 36104 Montgomery, AL 36104

Phone: (334) 223-7280 Phone: (334) 223-7280

Fax: (334) 223-7135 Fax: (334) 223-7135

E-mail: andrew.schiff@usdoj.gov E-mail: christopher.a.snyder@usdoj.gov 

Case 2:06-cr-00202-WKW-CSC Document 69 Filed 01/02/2007 Page 4 of 4