Bradley v. United States of America

Filing 43

ORDER updating deadlines for the status conference and extending the retrial date to the next term. Signed by Chief Judge J. Randal Hall on 5/26/17. (cmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION UNITED STATES OF AMERICA, v. * 405-059 CV 413-121 * CR 405-059 * MARTIN BRADLEY, CR * CV 414-198 * III * UNITED STATES OF AMERICA, MARTIN BRADLEY, * • JR, ORDER Before Conference the and Deadline. Court Court that of is Motion (Docs. finds interests Court for 1558, the the Continuance 1559.) motion Upon for justice further Government's and not finds that the of due Motion Speedy ends Act consideration, the is purpose of Status Trial continuance for the for of justice made in delay. served the The by the granting of the continuance outweigh the best interests of the public and Defendant Martin Bradley III in a speedy trial for a number of reasons, including but not limited to the following: the case is so unusual or so complex, prosecution, preparation that it for pretrial is due to the nature of the unreasonable proceedings to or for expect adequate the trial itself within the time limits established by the Speedy Trial Act, 18 U.S.C. § 3161, et seq.1 IT IS THEREFORE continuance (doc. ORDERED 1559) that the Government's is GRANTED and the retrial motion of for Defendant Bradley III in this matter shall be continued to the next trial term and that continuance the and time the period between commencement of the the granting next term be from the time limits set out in the Speedy Trial Act, § 3161, motion et seq. for IT status IS FURTHER ORDERED that conference (doc. hearing shall be held on THURSDAY, in the First 1558) JUNE 22, the is Savannah, DIRECTS meet the parties aforementioned hearing to to narrow the 18 U.S.C. Government's confer issues and a 2017 at 10:00 A.M. District Court Georgia 31401. and this excluded GRANTED Floor Courtroom of the United States located at 125 Bull Street, of to The Court prior be to the taken up at 1 After an approximately six-week trial in 2006, Defendant Bradley III was convicted of 247 felony crimes on March 29, 2006. (See Doc. 553.) On January 19, 2017, the United States Court of Appeals for the Eleventh Circuit directed that superseding Defendant indictment Bradley be set Ill's convictions aside. (Doc. 154 4.) on Counts The 1-53 of the mandate of the Eleventh Circuit was made the judgment of this Court by Order dated April 13, 2017. (Doc. 1551.) In states that it "intend[s] its motion for status conference, the to re-try Bradley III on Counts 1-53, agreement with him as to the proper resolution of those counts." at 1.) Government absent some (Doc. 1558, The counts to be retried against Defendant Bradley III charge him with being part of a racketeering enterprise that engaged in a variety of complex criminal activity. (See Doc. 228.) Indeed, "[a]t a status conference conducted on June 10, 2005, attorney Roy Black, speaking for all defense counsel, acknowledged that this case is unusually complex and that all defendants agree the case should not be set for trial within the deadline established by the Speedy Trial Act . . . ." (Doc. 140, at 1.) Accordingly, on June 23, 2005, the defendants - including Defendant Bradley III - jointly filed a waiver of their rights under the Speedy Trial Act. (Doc. 131.) Unfortunately, the passage of time and factors associated therewith (e.g., lack of continuity of counsel and availability of witnesses) has only further complicated the resolution of this matter and make retrial within seventy days impractical. See 18 U.S.C. § 3161(e). the hearing and establish a Defendant Bradley III - schedule under which the retrial of and potentially Defendant Bradley, Jr. - shall occur.2 ORDER ENTERED at Augusta, Georgia, this <^<£rxiay of May, 2017. IDGE IITED^STATES DISTRICT COURT IRN DISTRICT OF GEORGIA 2 The Court is cognizant of Defendant Martin Bradley, Jr.'s renewed motion to vacate and set aside his conviction pursuant to 28 U.S.C. § 2255. (Doc. 1554; see also Doc. 1532.) Therein, Defendant Bradley, Jr. argues that the Eleventh Circuit's decision in Defendant Bradley, Ill's recent Section 2255 appeal (Doc. 1544) is dispositive as to the issues raised in Defendant Bradley, Jr' s present Section 2255 proceeding and requests that the Court "summarily grant his § 2255 petition as it challenges the conviction . . ." and resentence and/or retry him on Count I of the indictment. (Doc. 1554.) So as to conserve judicial resources and avoid the possibility of conflicting orders, Defendant Bradley, Jr. is ORDERED to attend the June 22, 2017 hearing and participate in the pre-hearing meet and confer session contemplated by this Order.

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