UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Criminal Action No. 11-cr-00412-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. HILARIO QUINTERO-RODRIGUEZ,

 a/k/a “The Big Guy,”, a/k/a “Santa Claus,”

2. ABEL LAST NAME UNKNOWN (LNU),

3. OCTAVIO QUEZADA-PEREZ,

 a/k/a “Tavi,”

4. FLODINA BELETSO GALLEGOS,

5. GUADALUPE RUIZ-GUARDADO,

 a/k/a “Lupe,”

6. JULIO MARES-RUIZ,

 a/k/a “Mariano,”

7. LUIS JORGE MARTINEZ-VALDIVA, and

8. ROBERT MASON BYAS,

 a/k/a “Robin,”

Defendants.

 

SETTING AND TRIAL PREPARATION ORDER

 

THIS MATTER comes before the Court for setting of trial and pretrial deadlines. To

comply with the Speedy Trial Act (18 U.S.C. §3161, et. seq.) the Court hereby sets a

presumptive trial date of February 21, 2012, at 1:00 p.m. for a ten-day trial. In anticipation

that motions to continue this trial date may be filed and to facilitate pre-trial preparation, 

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1

 A request for a James determination shall be made through a jointly filed motion

accompanied by a completed chart in conformance with Exhibit A attached hereto. No hearing

will be conducted. Based upon the joint motion and chart, prior to trial, the Court will issue a

written advisory ruling premised upon the assumption that all identified evidence as to the

alleged conspiracy is admitted at trial and a proffer of the identified statements pursuant to

Fed.R.Evid. 801(d)(2)(E) is made.

IT IS HEREBY ORDERED:

A. MOTIONS 

1. Pretrial motions1 other than Motions to Suppress shall be filed on or before

January 10, 2012. Responses and Motions to Suppress shall be filed on or before January 20,

2012. Absent a specific directive to the contrary, responses to all motions in this case shall be

filed within seven days. The government’s response to any suppression motion shall include the

estimated time needed for an evidentiary hearing on the motion.

2. A motions hearing is set for January 24, 2012, at 3:30 p.m. At the hearing, nonevidentiary motions will be resolved or set for further determination, evidentiary motions will be

set for hearing and trial may be set. Please confer prior to the hearing to determine whether

issues are in dispute, then narrow the issues to be resolved or file appropriate documents

resolving the motions prior to the hearing. 

B. PLEA AGREEMENTS

Absent Court Order, a Notice of Disposition shall be filed no later than 14 days before

the trial date. At the Change of Plea Hearing, the original of the Plea Agreement and Statement

in Advance should be marked as exhibits. If an Information is to be proffered, it should be

marked as well. Oral motions to dismiss counts pursuant to the Plea Agreement can be made at

the Change of Plea Hearing, and if granted, the order of dismissal will be stayed until the time of

sentencing.

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C. TRIAL PREPARATION REQUIREMENTS

1. Conflicts in Scheduling. Continuances of the trial will be granted only in truly

exceptional circumstances upon grounds satisfying the provisions of the Speedy Trial Act. The

Final Pretrial Conference will be set in conjunction with the firm trial setting.

2. Motions and Jury Instructions. All motions in limine and proposed jury instructions

must be filed before the Final Trial Preparation Conference. All instructions submitted should

contain language which is gender neutral or gender correct. Instructions should contain the

caption “Instruction No. “, and the supporting authority, but no other titles or numbers. Parties

should submit stipulated facts and summary of the charges in the Indictment/Information as

separate jury instructions.

3. Witness List. No later than the day of and before the final trial preparation

conference, the Government shall file the final Witness List (form available through the “Judicial

Officers’ Procedures” link at www.co.uscourts.gov). Please be sure that first and last names are

spelled correctly (using capital letters only for proper names) and that any changes in name have

been noted, as one copy will be available to the court reporter to avoid the necessity of asking for

the spelling of the witness’ name. 

4. Exhibit List. Prior to the conference, counsel shall confer and agree upon the

manner of labeling exhibits. Pursuant to such agreement, no later than the day of and before

the final trial preparation conference, the Government will file an Exhibit List (form available

through the “Judicial Officers’ Procedures” link at www.co.uscourts.gov). If known,

demonstrative exhibits and documents used to refresh memory shall be listed on the Exhibit List.

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If exhibits are to be presented by CD, they shall be labeled thereon. If they are to be

presented in hard copy, labels should be affixed prior to trial. All paper exhibits shall be bound,

such as in three-ring notebooks or folders, and the notebook or folder labeled with the following

information: (i) caption, (ii) charges, (iii) scheduled date and time, (iv) party’s name and

designation and (v) “original” or “copy,” and delivered to the CRD at the final trial preparation

conference. 

5. Voir Dire Questions. The Court will conduct voir dire which will be composed of its

own questions and those submitted by counsel. Proposed voir dire questions shall be filed no

later than the day of and before the final trial preparation conference.

6. Terminology. At least one week before the final trial preparation conference, parties

shall file a glossary of any unusual or technical terminology. The glossary should also include

names of persons who will be mentioned during the course of trial but are not parties to the

litigation. Capitalize proper names, only.

7. Video and Special Equipment. If you intend to use electronic equipment advise the

courtroom deputy clerk at least one week before trial and make an appointment for training.

8. Trial Briefs. Briefs requested shall be filed before the Final Trial Preparation

Conference. Unless otherwise specified, trial briefs shall be limited to 5 pages. 

9. Issues to be addressed at the Final Trial Preparation Conference.

The parties shall be prepared to address the following issues:

1) jury selection;

2) sequestration of witnesses;

3) timing of presentation of witnesses and evidence;

4) anticipated evidentiary issues (need for scheduling of hearings outside the

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presence of the jury);

5) any stipulations as to fact or law; and

6) any other issue affecting the duration or course of the trial.

DATED this 20th day of December, 2011.

BY THE COURT:

Marcia S. Krieger

United States District Judge

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Exhibit A

[Case Caption]

PROFFER UNDER FED. R. EVID. 801(d)(2) AND OBJECTIONS

SECTION 1: Government’s Initial Proffer as to Conspiracy[The Government’s proffer of facts showing that (1) a conspiracy or conspiracies existed, (2) the declarant of each statemwere members of the conspiracy or conspiracies, and (3) the statements were made in the course of, and in furtherance o

conspiracies.]SECTION 2: Government’s Proffer as to Specific Statements

Statement #1 Declarant Date Source Basis for Admission[either verbatim or best paraphrasepossible]

[name ofdeclarant]

[ofstatement]

[name oridentificationof source]

[explanation why the stRule 801(d)(2)]

Defendant Objections to Statement #1[name][name]

Statement #2 Declarant Date Source Basis for Admission

Defendant Objections to Statement #2

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