1

 Non-CJA motions shall not be filed out of time without leave of court. Amended papers, including

amended motions, petitions, responses, or replies shall not be filed without leave of court. Supplements to

papers, including motions, petitions, responses, or replies, shall not be filed without leave of court. 

Replies to responses shall not be filed without leave of court. Leave of court must be obtained before

such papers may be filed. A request for leave to file such a paper shall not be contained or included in the

paper sought to be filed.

2

 Any motion brought under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74, to vacate or

continue the trial shall note and circumstantiate, inter alia, the specific amount of time to be excluded in

computing the time for speedy trial under the act and shall provide non-conclusory reasons to justify the

amount of time to be excluded as provided in United States v. Toombs, 574 F.3d 1262 (10th Cir. 2009). 

Additionally, any motion to vacate and/or continue the trial, or any motion, which, if granted, would cause

the trial to be vacated or continued shall address the factors enunciated in United States v. West, 828

F.2d 1468, 1469-70 (10th Cir. 1987), pursuant to REB Cr. Practice Standards II.E.1.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Criminal Case No. 11-cr-00382-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

GABRIEL E. SILVA,

Defendant.

SECOND TRIAL PREPARATION CONFERENCE ORDER

Blackburn, J.

Pursuant to Fed.R.Crim.P. 17.1, and D.C.COLO.LCrR 26, the court enters this

Second Trial Preparation Conference Order1.

IT IS ORDERED as follows:

1. That trial by jury shall commence February 11, 2013, at 8:30 a.m., in

courtroom A1001, at which the defendant shall appear in person without further notice,

order, or subpoena;2

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2. That the court reserves three (3) days for trial;

3. That counsel and the defendant shall appear in courtroom A1001 on the first

day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the

court, if necessary, any final details, arrangements, or requirements concerning the trial;

4. That a Trial Preparation Conference shall commence on February 1, 2013,

at 8:30 a.m., in courtroom A1001;

5. That lead counsel and the defendant shall attend the Trial Preparation

Conference;

6. That at the outset of the Trial Preparation conference, each party shall submit

on the Witness List form required by the court (an original for the court with copies for

the courtroom deputy clerk and all other parties) a “will call” witness list enumerating the

name and address of each witness that will be called and a “may call” witness list

enumerating the name and address of each witness that may be called; provided,

furthermore, that the “will call” witness list constitutes a representation on which the

court and every other party may rely that the witnesses listed will be present and

available to testify during trial;

7. That at the Trial Preparation Conference the parties shall be prepared to

review and discuss, inter alia, the following:

a. stipulated and proposed jury instructions and verdict forms;

b. voir dire questions;

c. the jury selection process, including alternate jurors and peremptory

challenges:

1. The use of the one or more alternate jurors [Review

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Fed.R.Crim.P. 24(c)];

2. Pretrial designation of the alternate juror(s);

3. The number and allocation of peremptory challenges [Review

Fed.R.Crim.P. 24(b) and (c)(4)]; and

4. Retention or dismissal of alternate juror(s) [Review

Fed.R.Crim.P. 24(c)(3)];

d. the use of juror questionnaires (if a questionnaire is used, the parties

shall surrender their copies for destruction immediately subsequent to completion of jury

selection);

e. identification of all persons permitted to be seated at each party’s table;

f. the pronunciation of problematic party’s and witness’ names;

g. the names or monikers that may be used when referring to the

defendant or a witness;

h. identification of “will call” and “may call” witnesses;

i. use of deposition testimony:

1. designation of specific testimony by page and line; and

2. identification of the person selected to read deposition answers;

j. use of video depositions:

1. resolution of objections;

2. pretrial redaction, if necessary; and

3. arrangements for necessary equipment to broadcast the

deposition;

k. the admission of stipulated exhibits or exhibits about which there are no

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 The court has audio, video, audio-visual, evidentiary presentation, and other special equipment

that may be used by the parties. A listing of available equipment can be found on the District Court’s

website at http://www.cod.uscourts.gov/Judes/Judges.aspx under “Courtroom Technology Manual for

Attorneys.” Arrangements for training on courtroom technology must be made with the courtroom deputy

clerk, Nel Steffens , at 303-335-2090 at least 14 days before trial. Notify the courtroom deputy clerk no

later than fourteen (14) days before the date and time you need such equipment or need your own

equipment to be brought through security for use in the courtroom.

4

objections;

l. the allocation of trial time between the parties;

m. the necessity for cautionary or limiting instructions;

n. timing of publication, if any, of trial exhibits to the jury;

o. appropriate attire and clothing for defendant; and 

p. security precautions, requirements, or issues; 

r. training on the use of courtroom technology; and

s. transporting and bringing equipment, models, props, or other property

into the courthouse and courtroom for use during trial;3

8. That each side shall be permitted voir dire examination not to exceed 15

minutes following voir dire examination by the court, but shall not reiterate questions

previously propounded by the court or another party;

9. That pending further court order, the jurors shall not be sequestered before

deliberations;

10. That trial witnesses subject to sequestration under Fed.R.Evid. 615 shall be

sequestered by order entered sua sponte immediately before opening statements;

11. That opening statements shall be limited to thirty (30) minutes per party;

12. That the court will not engage in the examination of any witness, except to

eschew plain error;

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13. That pursuant to REB Cr. Practice Standard III.B., each party shall have

available at trial a set of exhibits for the court, the courtroom deputy clerk, opposing

counsel (one set per party), and any pro se party;

14. That objections made in the presence or hearing of the jury shall be stated as

succinctly as practicable and supported by recitation of apposite authority when

possible; however, counsel and a pro se defendant shall not speechify an objection in

the presence or hearing of the jury [Review Fed.R.Evid. 103(d) and 104(c)];

15. That in marshaling motions or objections during trial, the following sequential

protocol shall be observed, unless interrupted by the court: objection, response, reply,

ruling;

16. That to eliminate or minimize bench or sidebar conferences, each party shall

be responsible to inform the courtroom deputy clerk in writing before the conclusion of a

trial day specifying any issue which should be considered before commencing trial on

the next scheduled day of trial and at the outset of a trial day specifying any issue which

should be considered at the conclusion of that trial day;

17. That to facilitate preparation, marshaling, and consideration of proposed jury

instructions and verdict forms consistent with REB Civ. Practice Standard V.A.5, the

government shall identify and enumerate each individual jury instruction in the heading

or title as INSTRUCTION NO. G-1, G-2, G-3, etc., and the defendant shall identify and

enumerate each individual jury instruction in the heading or title as INSTRUCTION NO.

D-1, D-2, D-3, etc.; provided, furthermore, the parties shall similarly identify and

enumerate all proposed verdict forms and special interrogatories;

18. That closing argument shall be limited to forty-five (45) minutes total for each

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party; and

19. That for additional information about courtroom protocol, courtroom

technology and training, trial preparation, transport or items into the courthouse and

courtroom, or submission of trial exhibits, the courtroom deputy clerk, Nel Steffens, at 

303-335-2090 should be contacted.

Dated December 12, 2012, at Denver, Colorado.

BY THE COURT:

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