Bradley, Jr. v. United States of America

Filing 11

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)

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.