UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA )

 )

 v. ) 1:06-CR-00170-WHA 

 )

ROY DALE WALLACE )

ORDER ON ARRAIGNMENT

On October 25, 2006, the defendant, ROY DALE WALLACE, appeared in person

and in open court with counsel and was arraigned in accordance with the provisions of Rule

10 of the Federal Rules of Criminal Procedure.

PLEA. The defendant 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 11:00

a.m. on December 18, 2006, District Courtroom 4A, Frank M. Johnson, Jr. 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 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.

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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. This case is set for trial before Senior District Judge W. Harold Albritton

on the trial term beginning on January 8, 2007, unless otherwise ordered by the court. 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

pursuant to this court's standing order on discovery must be filed no later than December 13,

2006. No motion filed after this date will be considered unless filed with leave of court.

Unless otherwise ordered by the court, the continuance of the trial of a case will not extend

the time for filing pretrial motions. 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 or 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, 764 F.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.

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 In certain complex cases, the government may agree to earlier production. 1

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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/. The government

provided initial disclosures to defendant at arraignment. Disclosures by the defendant, as

required by ¶ 4 of the Standing Order on Criminal Discovery shall be provided on or before

November 8, 2006.

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

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 25 day of October, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

CR. MISC. #534

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 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.

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(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, 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 courtsuggests 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

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

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 

CHIEF UNITED STATES DISTRICT JUDGE

/s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

/s/ Ira De Ment 

UNITED STATES DISTRICT JUDGE

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