UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-80180-CR-CANNON

UNITED STATES OF AMERICA, 

 Plaintiff,

vs. 

DOYLE CLEARE, 

HOWARD WRIGHT,

 Defendants. 

____________________________________/ 

OMNIBUS ORDER SETTING TRIAL DATE AND ESTABLISHING PRETRIAL 

INSTRUCTIONS AND SENTENCING PROCEDURES

 This case is hereby set for a Criminal Jury Trial at Alto Lee Adams, Sr. United States 

Courthouse, 101 South U.S. Highway 1, Courtroom 4008, Fort Pierce, Florida 34950, during the 

two-week period commencing January 17, 2023, or as soon thereafter as the case may be called. 

A Calendar Call will be held at 1:45 p.m. on Tuesday, January 10, 2023, at the same 

location. Any testing of electronic equipment to be used at trial must take place at the Calendar 

Call. To that end, the parties are directed to bring to the Calendar Call any equipment intended for 

use at trial. All pre-trial motions and motions in limine must be filed by Thursday, December 22, 

2022. Each party is limited to filing one motion in limine; if there is more than one Defendant, 

Defendants shall file a combined motion unless a clear conflict of position exists, in which case 

the parties shall explain that conflict in their individual motions. Motions in limine may not, 

without leave of the Court, exceed the page limits allowed by the Rules, and they must state with 

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particularity the evidence at issue and the legal and factual basis relevant to disposition of the 

motion.

It is further ORDERED as follows:

1. All requests for Writs ad Testificandum must be filed no later than 14 business days prior 

to the first day of the scheduled trial period.

2. In accordance with Local Rule 88.5, the parties shall file speedy trial reports every

twenty-one (21) days following entry of this Order until the time of trial or plea.

3. All responses pursuant to the Standing Discovery Order and/or Local Rule 88.10 shall be 

provided in a timely fashion in accordance with the dates scheduled by the magistrate 

judge. Noncompliance with the Standing Discovery Order, the Local Rules, or the Federal 

Rules of Criminal Procedure may result in sanctions. Any notice submitted pursuant to 

Federal Rule of Evidence 404(b) must be filed as a motion—not as a notice—and must

identify with particularity the evidence to be introduced and the factual and legal 

basis supporting admission. Responses to such motions are due in accordance with 

the standard timing set forth in Local Rule 7.1(c). 

4. To the extent required by Local Rule 88.9(a), all motions shall be accompanied by a written 

statement certifying that counsel for the moving party has conferred with opposing counsel

in a good faith effort to resolve by agreement the subject matter of the motion.

5. Counsel shall be prepared to conduct limited voir dire following the Court’s questioning 

of the panel. Prior to Calendar Call, each party may file no more than 10 proposed voir 

dire questions (including any sub-parts) for the Court to consider asking of the venire. The 

Court will not permit the backstriking of jurors.

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6. Prior to calendar call, the parties shall submit, in Word format, via e-mail to 

cannon@flsd.uscourts.gov, proposed jury instructions, including substantive charges and 

defenses, and a proposed verdict form. For instructions on filing proposed documents, 

please see http://www.flsd.uscourts.gov. Although the parties need not agree on each 

proposed instruction, the parties shall submit their proposed jury instructions and 

verdict form jointly, and every instruction must be supported by citation to authority. 

Where the parties do not agree on a proposed instruction, the instruction shall be set forth 

in bold type. Instructions proposed only by the Government shall be underlined. 

Instructions proposed solely by the defense shall be italicized. Furthermore, the parties 

should identify, as to each proposed jury instruction, whether the proposed language 

conforms to the Eleventh Circuit Pattern Jury Instructions. If a proposed instruction 

deviates from the Pattern Jury Instructions in any respect, such alteration should be 

made clear in the filing with a supporting explanation. To access the latest changes to 

the Eleventh Circuit’s Pattern Jury Instructions, please see 

https://www.ca11.uscourts.gov/pattern-jury-instructions. 

7. Prior to the Calendar Call, all counsel shall file lists of proposed witnesses and/or 

exhibits to be presented at trial. All exhibits to be offered into evidence must be re-labeled 

in accordance with the proposed exhibit list. (Government exhibits are to be designated 

as GX1, GX2, etc.; defense exhibits as DX1, DX2, etc.).

8. Any change of plea must be taken prior to 5:00 p.m. on the last business day before 

trial is scheduled to begin. See, e.g., United States v. Gamboa, 166 F.3d 1327, 1331 (11th 

Cir. 1999). 

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9. Any motion for a continuance of trial shall (1) set forth in detail which factors constitute 

grounds for a continuance pursuant to 18 U.S.C. § 3161(7)(B); and (2) indicate whether 

the reasons served by granting the continuance outweigh the defendant’s constitutional and 

statutory rights to a speedy trial.

10. The filing by counsel of a “Notice of Unavailability” by motion or otherwise is not 

provided for under the local rules and shall not be presumed to modify or alter the Court’s 

scheduling order.

11. If any party seeks to introduce transcript(s) at the trial, that party shall exchange those 

transcripts with all counsel prior to Calendar Call. If a transcript cannot be agreed upon, 

each party shall be prepared to produce its own version for the trier of fact.

12. All anticipated Jencks Act1 material shall be turned over to defense counsel no later than 

the morning of the first day of trial. The material shall include a face sheet for defense 

counsel to sign and date, acknowledging receipt. For purposes of the record, the signed 

face sheet must be filed by the government on CM/ECF no later than seven (7) days after 

the conclusion of the trial.

13. Upon receipt of this Order, defense counsel shall certify with the Court’s courtroom deputy 

whether the Defendant requires the aid of an interpreter. The parties are further instructed 

to notify the Court, at least 24 hours prior to any hearings or trial, if an interpreter is 

required.

14. Arrangements for appropriate clothing for defendants in custody must be made with the 

Bureau of Prisons at least seven (7) days prior to the scheduled trial date.

1 18 U.S.C. § 3500

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15. Local Rule 7.1(a)(2) requires that certain motions be accompanied by proposed orders; 

such proposed orders must be filed as attachments to the motions. Furthermore, pursuant 

to the CM/ECF Administrative Procedures, proposed orders shall be submitted to the Court 

by e-mail in Word format at cannon@flsd.uscourts.gov. 

16. Local Rule 89.9 dictates that motions in criminal cases shall be accompanied by a 

statement certifying that the parties have conferred in an attempt to resolve the issues 

raised in the motion. 

17. Pursuant to Local Rule 5.3, and consistent with the Eleventh Circuit’s Local Rules and 

Internal Operating Procedures, see 11th Cir. R. 11-3, within ten (10) days of the conclusion 

of a trial or other proceeding, the parties must file via CM/ECF electronic versions of 

documentary exhibits that the party offered or introduced into evidence, including properly 

labeled photographs of non-documentary physical exhibits. The parties are reminded to 

review each of the requirements set forth in Local Rule 5.3, including the requirement to 

redact certain information and to certify compliance with Local Rule 5.3. 

18. Should this matter proceed to sentencing, the parties are advised to adhere to the following 

procedures: 

a. If more than thirty (30) minutes is needed for the hearing, counsel shall file a notice 

estimating the amount of time needed for their presentation and the number of 

witnesses to be called no later than seven (7) calendar days prior to the sentencing 

hearing. 

b. The Court further orders, consistent with Rule 32 of the Federal Rules of 

Criminal Procedure, that counsel shall file their Objections, if any, to the 

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DRAFT PSR within fourteen (14) days after disclosure of the DRAFT PSR. 

Responses shall be filed seven (7) days thereafter. 

c. The Court has discretion not to consider the merits of untimely objections. 

See, e.g., United States v. Edouard, 485 F.3d 1324, 1351 (11th Cir. 2007); Fed. R. 

Crim. P. 32(b)(2) and (i)(1)(D); United States v. Smith, 522 F. App’x 564, 565 (11th 

Cir. 2013); United States v. Remaley, 646 F. App’x 719, 721 (11th Cir. 2016); 

United States v. Dossou, 569 F. App’x 902, 905 (11th Cir. 2014).

d. The Court further orders that all motions for upward or downward departure and/or 

variance shall be in writing and filed at least ten (10) calendar days before the 

sentencing hearing. Responses shall be filed three (3) before the sentencing 

hearing.

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 28th day of November

2022.

_________________________________

AILEEN M. CANNON

UNITED STATES DISTRICT JUDGE

cc: counsel of record

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