USA v. Little Bird, Sr.

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION
FILED
AUG 1 2 2021
UNITED STATES OF AMERICA,
Plaintiff,
vs.
KIMO JOHN LITTLE BIRD, SR.,
Defendant.
1;20-CR-10012-CBK
ORDER GRANTING CONTINUANCE
Defendant fQed a second unopposed motion to continue trial,
suppression motion, voluntariness motion, and all related pretrial deadlines.
Doc. 24, and defendant's informed consent. Doc. 25. The motion states that
the government, by and through AUSA Jay P. Miller, has no objections to the
continuace. The defendant personally joins in the motion.
The Court finds that the ends ofjustice are served by continuing this
trial which ends outweigh the best interests of the public and the defendant in
a speedy trial. Despite the exercise of due diligence, defense counsel needs
additional time to properly investigate this matter and prepare for trial. The
government has also indicated that the investigation is ongoing on a potential
new charge. In addition, defense counsel needs additional time to locate
witnesses and complete the investigation. Based on the record herein,
IT IS ORDERED:
(1) The second unopposed motion to continue trial, suppression motion,
voluntariness motion, and all related pretricd deadlines. Doc. 24, is granted.
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(2) All motions, other than motions in limine and motions for
continuance, shall be fQcd and served on or before October 5, 2021. Opposing
counsel shall respond thereto on or before October 12, 2021. All such motions
shall be heard by the Magistrate Judge at such time as set after consultation
with counsel.
(3) All motions for continuance will be considered by the Court when the
defendant has filed a written consent to the continuance and the opposing
party has filed a response.
(4) All motions in limine shall be filed at least ten (10) working days
before trial.
(5) Counsel shall submit directly to the Court, the Clerk of Courts and to
opposing counsel by no later than 4:00 p.m. on the business day before trial a
list of all witnesses and proposed exhibits with a copy of each exhibit showing
the number of each exhibit as marked. Requests for subpoenas shall be filed
no later than fourteen (14) working days before trial. IfJury selection takes
place with the jury to return at a later date, the deadline shall be 4:00 p.m. on
the business day before jury selection.
(6) October 29, 2021, is hereby set as the deadline for submission to the
Court and fHing of any proposed plea agreements and the factual basis
statement and motions to enter oral pleas.
(7) The juiy trial is continued to Tuesday, November 16, 2021, at 10:30
a.m. in the Federal Courtroom of the U.S. Courthouse, 102 Fourth Avenue SE,
Aberdeen, South Dakota.
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(8) All proposed jury instructions shall be submitted to the Court not
later than ten working days before trial. A copy of each proposed instruction
showing source and authority notes shall be furnished to the Court and other
counsel. The Court has assembled basic instructions used in all criminal
cases defining duties ofjurors, burden of proof, basic definitions and other
matters. Therefore, the parties should only submit those instructions which
are related to the specific matters in issue in this case.
(9) The period of delay resulting from such continuance is excluded in
computing the time within which the trial of the offense must commence.
18 U.S.C. § 3161(h)(7)(A).
!	ryL da\	DATED this!	r>L day of August, 2021.
BY THE COURT:
CHARLES B. KORNMANN'
United States District Judge
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