Case 1:12-cr-00169-MHT-WC Document 60 Filed 01/28/13 Page 1 of 3

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA v. JAMES TIMOTHY TURNER, Defendant. ) ) ) ) ) ) ) CR. NO. 1:12-CR-169-MHT-WC

Trial Date: March 18, 2013

GOVERNMENT’S MOTION TO SET TRIAL FIRST ON TRIAL TERM The United States of America, by and through its undersigned counsel, respectfully requests that this Court set the trial of this matter first on the March 18, 2013 trial term. The United States anticipates trial in this matter will last approximately two weeks. First, the United States anticipates calling more than ten witnesses from out-of-state. Setting this trial on a fixed date will help to minimize the inconvenience to these witnesses, reduce the expense to the Government in bringing these witnesses to Alabama, and assist in ensuring that this trial proceeds as efficiently as possible so as to preserve judicial resources. Second, IRS-CI Special Agent Louie Wilson is the lead agent and a material witness in this matter. Special Agent Wilson is also the lead agent and a material witness in the United States v. Quentin Collick, et al. matter (Case No. 2:12-CR-140), which is scheduled for Judge Fuller’s April 1, 2013 trial term and which the prosecution apparently anticipates will in fact proceed to trial. Setting the Turner trial to begin first on the March 18, 2013 trial term would significantly decrease the likelihood of any scheduling conflict arising from Special Agent Wilson’s involvement in both cases. To the extent this Court determines that a hearing on this motion is necessary, the United States respectfully requests that it be set for a hearing in open court on February 7 or February 8,

Case 1:12-cr-00169-MHT-WC Document 60 Filed 01/28/13 Page 2 of 3

2013. Based on the foregoing, the United States respectfully requests that this trial be set to begin first on the March 18, 2013 trial term.

SANDRA J. STEWART ACTING UNITED STATES ATTORNEY By: /s/ JUSTIN GELFAND JUSTIN GELFAND GRAY BORDEN Attorneys for the United States

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Case 1:12-cr-00169-MHT-WC Document 60 Filed 01/28/13 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January 28, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel of record.

/s/ JUSTIN GELFAND JUSTIN GELFAND Trial Attorney U.S. Department of Justice, Tax Division 601 D Street, N.W. Washington, D.C. 20004 (202) 514-5145 justin.k.gelfand@usdoj.gov

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