United States District Court, E.D. North Carolina, Western Division
W. FLANAGAN UNITED STATES DISTRICT JUDGE
matter came before the court on November 12, 2019, for
hearing on government's motion to be relieved of its
obligations under plea agreement and defendant's motion
to withdraw guilty plea. This order memorializes the
court's oral pronouncements:
court GRANTS government's motion to be relieved of its
obligations under plea agreement, pursuant to which it agreed
to dismiss the following counts at sentencing: distribution
of a quantity of cocaine base in violation of 21 U.S.C.
§ 841 (a)(1) (Count Two), distribution of a quantity of
cocaine base in violation of 21 U.S.C. § 841 (a)(1)
(Count Four), distribution of a quantity of cocaine base in
violation of 21 U.S.C. § 841 (a)(1) (Count Five),
possession of firearm in furtherance of a drug trafficking
offense in violation of 18 U.S.C. § 924(c)(1)(a) (Count
Six), and distribution of a quantity of cocaine base in
violation of 21 U.S.C. § 841(a)(1) (Count Seven).
court DENIES defendant's motion to withdraw guilty plea
as to conspiracy to knowingly and intentionally distribute
and possess with the intent to distribute twenty-eight grams
or more of cocaine base in violation of 21 U.S.C. §
841(a)(1) (Count One) and possession of a firearm in
furtherance of a drug trafficking crime in violation of 18
U.S.C. § 924 (c)(1)(A) (Count Three).
Having found defendant competent to appear and understand the
nature of the proceedings, the court accepts defendant's
not guilty plea to Counts Two, Four, Five, Six, and Seven.
pretrial motions, including motions to compel discovery,
motions to suppress, and motions under Rules 7, 8, 12, 13,
14, 16, and 41 of the Federal Rules of Criminal Procedure,
shall be filed no later than January 27, 2020. Responses to
motions shall be filed no later than February 6, 2020.
Untimely motions and motions filed in disregard of Local
Criminal Rules 12.2 and 16.1, may be summarily denied. Motion
hearings, as necessary, shall be conducted by a district or
magistrate judge in advance of trial.
the government files a superseding indictment, the
possibility of which was commented upon by its counsel, the
undersigned will preside over any subsequent arraignment.
Having found that the ends of justice outweigh interests,
including that of the public, in a speedy trial, and with
consent of both parties,  the court SETS this case for trial on
March 2, 2020, at 9:30 a.m., in New Bern, North Carolina.
Parties shall be present for conference with the court March
2, 2020 at 9:00 a.m. The period of delay resulting is to be
excluded from the calculation of speedy trial time pursuant
to 18 U.S.C. § 3161(h)(7)(A).
Counsel for each party shall file with the clerk and transmit
electronically to Judge Flanagan on or before February 19,
2020 (1) a list of voir dire questions as required by Local
Criminal Rule 24.2; and (2) requests for jury instructions.
Local Criminal Rule 24.1. The electronic copies shall be
transmitted in WordPerfect or Word format to
motion is limine shall be filed not later than seven days
prior to the start of trial where the question or issue
bearing on admissibility of evidence reasonably can be
contemplated in advance. Where “on a party's
motion, the court may hold one or more pretrial conferences
to promote a fair and expeditious trial[, ]” Fed. R.
Crim. P. 17.1, the parties are encouraged to move for such
conference if deemed appropriate.
Pursuant to Local Criminal Rule 24.1(c), if a party has a
need for any type of courtroom technology for a hearing or
trial, including but not limited to any audio equipment,
video equipment, document presentation system, and jury
evidentiary recording system, counsel must notify the case
manager and request training from the court's information
technology staff for the person or persons who will be
operating the courtroom technology. Unless excused by the
clerk, no later than seven days before the scheduled
proceeding, counsel must file a certification provided by the
court's technology staff that training has been
Counsel should review all related documentation appearing on
the court's website
including information concerning formatting of evidentiary
DVDs. It is incumbent upon counsel to alert the Case Manager,
Susan Tripp, at (252) 638-8534 of any issues pertaining to
evidence presentation and compatibility of evidence with