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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

UNITED STATES OF AMERICA ) 

)

v. ) Case No. 3:14-CR-55 JD

) 

JAMES P. LeDONNE )

GOVERNMENT’S NOTICE OF INTENTIONS

The Court has ordered the government to file a notice as to its 

intentions in response to the defendant’s notice of intent to plead guilty to 

two counts. The government now responds as follows:

The defendant has indicated that he intends to plead guilty to two out 

of 17 counts of the Indictment. Considering the defendant’s history and the 

past circumstances of the case, until the plea hearing occurs, the plea is 

accepted, and the government has had an opportunity to observe and 

evaluate the factual basis the defendant makes, it is difficult to assess what 

would be appropriate regarding proceeding on the remaining 

counts. Accordingly, the government respectfully requests that a plea 

hearing be held as expeditiously as possible. In order to further aid the 

expeditious resolution of this matter, the government also respectfully 

requests that the plea hearing be held before the District Judge instead of the 

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Magistrate Judge. This particular matter should be resolved as soon as 

possible in order to avoid the large expenses that are being incurred by the 

government in booking flights and hotel rooms for the approximately three 

dozen out-of-state trial witnesses who are coming to Indiana for the trial on 

May 8. Once the plea is entered and accepted by the District Court, the 

government will then be in a position to better evaluate how to proceed with 

the remaining counts and a possible continuance of the scheduled trial date.

The government further notes that after the defendant pleads guilty to 

two counts, it would be possible for the Court to simply hold in abeyance the 

remaining 15 counts that are not pled to or to continue a trial date on these 

remaining 15 counts until after the sentencing on the two counts to which the 

defendant pleads guilty. There would be no Speedy Trial concerns with this 

posture: the Court has full statutory authority and legal precedent holding 

that it would not violate the Speedy Trial Act if the Court merely held the 

remaining 15 counts in abeyance pending the sentencing on the two counts to 

which the defendant plans on pleading guilty. The Speedy Trial Act “clock” is 

tolled when a defendant “enter[s] a plea of guilty...to any or all charges in an 

indictment . . . .” 18 U.S.C. 3161(i). This tolling applies to all counts of the 

indictment and not just those specifically pled to, because, as stated in United 

States v. Mack, 669 F.2d 28, 31-32 (1st Cir. 1982), without such a reading “it 

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[is] possible for a defendant to enter a plea of guilty on the 59th day to one of 

several charges and wait several weeks, and then withdraw his plea before

sentencing, thereby frustrating any prosecution of the other counts which not 

yet have been dismissed.” (quoting legislative history of the Speedy Trial 

Act). Accordingly, here, if the defendant pleads guilty to the two counts, he 

will be tolling the Speedy Trial Act clock as to all counts.

The government further notes that the lengthy delays in this case have 

been due to the defendant, and have not been due to any requests from the 

government. As such, it was the defendant who affected a speedy disposition 

of this matter, and he cannot justifiably raise any argument now concerning 

a violation of the speedy trial rights. Holding the remaining 15 counts in 

abeyance would protect the government’s right to a full and fair process, 

would in no way prejudice the defendant’s rights to a full, speedy and fair 

process, and is judicially economic, as doing so will not affect the Court’s 

schedule or work load beyond the setting of the date if the Court so chooses.

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Wherefore, the government respectfully requests that a plea hearing be 

held as expeditiously as possible so as to permit the defendant to plead guilty 

to Counts 8 and 14 as the defendant has so indicated.

Respectfully submitted,

CLIFFORD D. JOHNSON

ACTING UNITED STATES ATTORNEY

 By: /s/ Gary T. Bell 

Gary T. Bell

Assistant U.S. Attorney

U.S. Attorney’s Office

5400 Federal Plaza, Ste. 1500

Hammond, IN 46320

Tel: (219) 937-5500

Fax: (219) 852-2770

/s/ Luke Reilander 

LUKE REILANDER

Assistant U.S. Attorney

M01 Robert A. Grant Federal Bldg.

204 S. Main Street

South Bend, IN 46601

Tel: (574) 236-8287

Fax: (571) 236-8155

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CERTIFICATE OF SERVICE

I hereby certify that on April 14, 2017, I electronically filed the 

foregoing with the Clerk of Court using the CM/EFC system which sent 

notification of such filings to counsel of record.

S/Lorene B. Nelson 

Lorene B. Nelson

Legal Assistant

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