on CM/ECF. Requests for instructions taken verbatim from the Eleventh Circuit criminal
pattern instructions may be made by reference. Otherwise, parties shall submit full-text
proposed jury instructions. In addition, proposed verdict forms and voir dire questions
for each defendant must be filed. If it is anticipated that supplemental jury instructions
and verdict forms will be needed for forfeiture proceedings, please submit those as well.
The proposed instructions, voir dire questions and verdict forms shall be filed on
CMIECF no later than August 13, 2010 by 5:00 p.m CST. The proposed instructions
and verdict forms should also be emailed as full-text WordPerfect or Word
attachments to Andrew_Collinson@find.uscourts.gov (even-numbered cases) and
Elizabeth_Manno@find.uscourts.gov (odd-numbered cases).

I ATTIRE:

Defendants, like all other parties, ordinarily should dress for court in suitable
business attire. Defendants who are in custody are responsible for making their own
arrangements for clothing; neither the court nor the marshal’s service provides clothing
for defendants to wear in court. Defendants who fail to make advance arrangements for
clothing will be tried.in prison attire. Trials will not be continued because of a
defendant's failure to arrange for clothing.

J. PROFESSIONALISM :

The highest levels of professionalism and decorum are expected of all
attorneys practicing before this court. To that end, all attorneys are required to
review and adhere to the principles set out in the Code of Pretrial and Trial Conduct of

the American College of Trial Lawyers, that can be found at:


conferred with opposing counsel or party, as the case may be, in an effort in good faith
to resolve by agreement the subject matter of any motion, but has not been able to do
so. The written statement shall also specify the information that has been made
available to opposing counsel or parties in lieu of filing the motion.

All motions which require evidentiary support shall be accompanied by a signed
statement of facts relied upon for the motion.
G. | PLEA BARGAINING AND CHANGE OF PLEA:

The parties shall immediately advise the Court's secretary and the Clerk of the
Court of any plea bargain agreement and arrange for the rearraignments of the
defendant in sufficient time prior to trial to permit the excusing of witnesses and jurors
and revision of the Court calendar should the negotiated plea be acceptable to the
Court. Such arrangement, unless the Court otherwise provides, shall be accomplished
no later than four (4) calendar days prior to the trial date set in this order.

Absent exceptional circumstances that are both unforeseeable and unforeseen,
in order for notice of the defendant's intention to plead guilty to be considered “timely”
under United States Sentencing Guidelines § 3E1.1(b)(2), notice must be provided on

or before the fourth business day prior to the scheduled trial to both (a) the Court’s

secretary or courtroom deputy clerk and (b) counsel for the government. A
change of plea must be entered not later than the Thursday prior to trial:

Thursday, August 19, 2010.

H. JURY INSTRUCTIONS/VERDICT FORMIVOIR DIRE QUESTIONS:
Counsel representing both sides shall make a good faith attempt to resolve any

disagreement about jury instructions and shall jointly file the proposed jury instructions


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ntDisplay.cfm&ContentFilelID=59
K. CONTINUING NATURE OF THIS ORDER:

This order, to the extent that it applies to the matters referred to herein, is

continuing in nature inclusive of trial.

DONE and ORDERED this__|__ day of (\ he, 2010.

7 AR

assy) Bodiford

United States Magistrate Judge


UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 5:10CR39(2)-RS
JULIAN GARCIA-PENALOZA
a/k/a “Alberto Moreno-Garza”
a/k/a “Martin Ramirez-Rodriguez”

a/k/a “Machin Aguilar-Gaona”
a/k/a “Primo”

ORDER SETTING TRIAL
AND OTHER PRE-TRIAL MATTERS

A. TRIAL AND VOIR DIRE PROCEDURE:

1. This case will be tried during the trial period commencing Monday,
August 23, 2010, at Panama City, Florida, with an attorney conference scheduled for
8:30 a.m. and jury selection to commence immediately thereafter on this date.

Counsel are advised that the trial courtroom has an Evidence Presentation
System (EPS). All exhibits requiring the use of special equipment during trial (i.e. video
tapes, DVD's, audio tapes, laptops, etc.) must be tested with the Courtroom Deputy
Clerk no later than Wednesday, August 18, 2010. Failure to comply with this
requirement may result in the inadmissibility of an exhibit.

2. Voir Dire examinations of jurors will be conducted by the Court. If a party
wishes to submit voir dire questions for the Court's consideration, those questions must
be in writing and filed with the Clerk of the Court at least seven (7) days prior to trial,

with a copy to opposing counsel. Counsel are encouraged to review the jury

FILED IN OPEN COURT THs


questionnaire prior to submitting proposed voir dire so duplicate questions are not
submitted. At the conclusion of the Court's voir dire examination, reasonable
opportunity will be given for counsel to ask questions they believe should properly be
asked because of answers given or other matters occurring during voir dire, not
satisfactorily explained by the Court's inquiry.

3. Jury Selection will be accomplished in the same manner specified to
counsel prior to trial. The entire panel will be examined after which the attorneys will be
given the opportunity to exercise their challenges. No back striking will be permitted.

4. Prior to jury selection, all parties are requested to determine whether they
would be willing to stipulate completing the trial with less than twelve (12) jurors, in the
event jurors, after being sworn, become disabled or otherwise excused by the Court.
B. DISCOVERY AND INSPECTION:

1. Any request for disclosure of evidence, information or discovery under
Rule 16, Federal Rules of Criminal Procedure, by the defendant shall be made no later
than five (5) working days following the date of this order with, in such event, the
information, evidence, or discovery so requested to be provided the defendant within
five (5) working days after the receipt of the request. If the defendant requests
disclosure under Rules 16(a)(1)(C) or (D), Federal Rules of Criminal Procedure, the
Government shall make request of defendant under Rules 16(b)(1)(A) and (B), Federal
Rules of Criminal Procedure, within two (2) working days after receipt of defendant's
request, with the information, evidence, or discovery so requested to be provided the
Government by the defendant within five (5) working days after receipt of request.

2. Counsel for the parties, or the defendant, if not represented by counsel,
and counsel for the Government shall agree on the time, place, and manner of the

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disclosure of such evidence, information, or discovery and of any inspection and
copying or photographing required. The parties' attention is directed to Rules 16 (c),
(d), and (e), Federal Rules of Criminal Procedure.

3. As used in this order, working days include all days except Saturdays,
Sundays, and Federal legal holidays.

c. BRADY MATTERS:

The United States Attorney shall disclose any evidence favorable to this
defendant on the issues of guilt or innocence without regard to materiality. The
defendant or his attorney shall be provided such evidence promptly after the United
States Attorney acquires knowledge thereof. See Brady v. Maryland, 373 U.S. 83
(1963).

D. NOTICE OF ALIBI AND OF DEFENSE BASED UPON MENTAL CONDITION:

The parties’ attention is directed to Rules 12.1 and 12.2, Federal Rules of
Criminal Procedure.

E. MOTIONS BEFORE TRIAL:

All pretrial motions permitted or required under the Federal Rules of Criminal
Procedure shall be filed no later than ten (10) days after the date of this order, unless a
different time is prescribed by the Federal Rules of Criminal Procedure, an Act of
Congress, the Local Rules of this Court, or by the Court at the time of arraignment.
Counsel's attention is particularly directed to N.D. Fla. Loc. R. 6 and 7(f).

F. MOTIONS IN GENERAL:

The filing of motions and responses to motions shall be governed by N.D. Fla.

Loc. R. 7.1. All motions shall be accompanied by a written statement certifying that

counsel for the moving party, or the moving party if not represented by counsel, has

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