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- ilnd;;1:16-cr-00463_de1036 RegisterActionDate "2018-08-22" @default.
- ilnd;;1:16-cr-00463_de1036 RegisterActionDescriptionText "ORDER as to E45421B: Status hearing held on 8/22/2018. Defense Counsel Ellen Domph represented Defendant Luczak on behalf of Counsel Keith Scherer. The Court advises that the Pretrial Motions due date of 9/5/2018 stands. The Court further advises Defendants the Federal Sentencing Guidelines provide for a two level reduction for acceptance of responsibility if one pleads guilty and another one level reduction if the guilty plea is done in a timely fashion whereby "permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently. " Although the Guidelines are no longer mandatory, they must be take into account prior to the Court determining what a defendant's sentence will be. The Court advises Defendants that considerable allocation of Court resources will be imposed beginning 11/25/18 when the Court's request for extra deputy U.S. Marshals will be entered requiring the U.S. Marshal to physically relocate dozens of deputies to the Northern District of Illinois in order to man the trial. Physical changes will also begin at that time to the Ceremonial Courtroom to prepare the jury box and the courtroom with both physical and technical accommodations for the large number of defendants. As such, it will be a difficult argument to present at the time of sentencing that any plea after 11/21/2018 will be entered in a timely fashion. Each defendant has a right to a jury trial and the Court is prepared to have each defendant exercise that right. If a defendant is considering entering a plea of guilty; he should discuss the timeliness of that plea with his counsel. Further, the largest number of defendants tried by jury in the Ceremonial Courtroom was 19. The Court has worked many hours with the Chief Judge's staff and the deputy marshals to determine if any larger number can be accommodated in the space and it does not appear possible. Therefore, if the Government has more than 20 defendants remaining in the case who intend to go to trial on 10/31/18, the Government shall submit a proposal for severance by 11/7/2018. If more than 20 defendants remain in the case for jury trial on 11/17/18 and no severance proposal has been presented, the Court will sever the defendants on its own. Status hearing set for 9/26/2018 at 9:30 a.m. in the Ceremonial Courtroom 2525. Security provisions remain in effect regarding the use of magnetometers upon entry into the Courtroom and all cellphones will be checked except for attorneys of record and the press. Defense Counsel advises that Defendants incarcerated at Livingston Correctional Center and recently transferred to Metropolitan Correction Center have not received all Discovery materials that were in their possession at Livingston Correctional Facility. The Court has been informed that all requests for Discovery shall be made to the Attorney Advisors at the Metropolitan Correctional Center (Zachary Zurek or Amy Standefer-Malott) by contacting them at 312-347-4017. A "Discovery Material Authorization Form" must be filled out in order for the materials to be provided. The Court directs the Government to facilitate the discovery materials being sent to Defendants who have been transferred. Defense counsel shall report to the Court if their clients have not received all their Discovery materials by 8/29/2018. By agreement of the parties and pursuant to Title 18, U.S.C., Section (h)(7XB)(iii) time is hereby excluded to 9/26/2018 for complexity of the case and the filing and review of Pretrial Motions. Signed by the Honorable Virginia M. Kendall on 8/22/2018. Mailed notice (rp, ) (Entered: 08/24/2018)" @default.
- ilnd;;1:16-cr-00463_de1036 AdministrativeID "962" @default.