The United States requests revised deadlines for its reply brief on the Motion to Reconsider and for the date by which the Court has instructed the United States to file a Second Superseding Indictment. The Defendant reserves whatever right he might have to object if he is ever charged in an indictment that contains any additional theory beyond honest services deprivation.
On July 14, 2011 the Court directed the Government to file any motion to disqualify within twenty days and also instructed the Government to file its Second Superseding Indictment within the same time frame. Doc. No. 338. The Government still plans to file a Second Superseding Indictment that accounts for the Supreme Court's teaching in Skilling v. United States, 130 S. Ct. 2896 (2010).
The Government filed its Motion to Disqualify on the same day as the Court's scheduling order. Doc. No. 339. The next day, on July 15, 2011, the Defendant filed a Motion to Reconsider the Court's denial of one of his motions to suppress. Doc. No. 340. The briefing dates for the Motion to Disqualify were extended by stipulation and this Court's Order. Doc. Nos. 346, 348. Currently, the Motion to Disqualify is set for argument on August 9, 2011 and the various Motions to Suppress are set for argument on August 24, 2011. Id.
The Government requests that the Court set August 10, 2011, the day after the hearing on the Motion to Disqualify, as the Government's deadline to respond to the Defendant's Motion to Reconsider and set August 17, 2011 as the reply date.
The Government further requests that the Court's instruction on when to file a Second Superseding Indictment be extended to August 17, 2011. That gives the Defendant one week to consider the Second Superseding Indictment before August 24, 2011, when the Court is hearing argument on the suppression motions and can arraign the Defendant.
As stated, the Defendant reserves the right to object should the Government add some charging theory beyond honest services.
The proposed dates give him ample time to object to the Second Superseding Indictment in his second round of Rule 12 motions, which he is presently set to file on September 19, 2011. The Government has cautioned the Defendant that he has not been immunized for any other conduct in which he might have engaged.
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATE: July 28, 2011 By: MATTHEW D. SEGAL Assistant U.S. Attorney SO ORDERED
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