IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
14-JP-1-JG
FILED
14-JP-1-RJ SEP 3 o 20 14
14-JP-2-KS
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IN RE: )
)
PROCEDURES FOR HANDLING CASES )
CHARGING MISDEMEANOR OFFENSES )
AT THE FORT BRAGG MILITARY ) CONSOLIDATED
RESERVATION, DEPARTMENT OF ) JUDICIAL PREFERENCE ORDER
VETERANS AFFAIRS FAYETTEVILLE )
MEDICAL CENTER, AND MILITARY )
OCEAN TERMINAL SUNNY POINT )
For the reasons specified, the following provisions shall apply to cases coming before the
undersigned charging misdemeanor offenses at the Fort Bragg Military Reservation, Department
of Veterans Affairs Fayetteville Medical Center, and Military Ocean Terminal Sunny Point:
1. To facilitate determination of the need for and performance of the calculation
provided for under the Speedy Trial Act, 18 U.S.C. § 3161, all criminal informations charging
the assimilated offense of impaired driving under N.C. Gen. Stat.§ 20-138.1 shall specify ifthe
government seeks Level One or Level Two punishment under N.C. Gen. Stat.§ 20-179.
2. To promote the efficient disposition of cases:
a. No more than six continuances will be allowed a defendant without the
defendant's counsel or, if pro se, the defendant personally demonstrating to the court's
satisfaction at a hearing that exceptional circumstances warrant a further continuance.
b. In all cases in which a defendant pleads not guilty, the trial will be held
before the magistrate judge taking the plea at the courthouse where the magistrate judge is
stationed or such other location as the magistrate judge designates on a date the magistrate judge
sets, which will typically be within 30 days of the plea.
3. The court will accept a waiver of appearance of a defendant pleading guilty to an
offense for which supervision of the defendant by the United States Probation Office may be
imposed as part of a sentence only if:
a. the waiver is accompanied by a written statement containing the current
address for the defendant and the certification of the defendant's counsel that such counsel has
confirmed within seven days of the plea that the address provided is accurate; and
b. (i) the defendant lives outside the Fayetteville area or (ii) the defendant
lives in the Fayetteville area, but makes a showing satisfactory to the court that exceptional
circumstances justify the defendant's not appearing.
4. The court reserves the discretion to vary from the provisions herein as it deems
appropriate.
SO ORDERED, this 30th day of September 2014.
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United States Magistrate Judge
Kimberly A. S
United States Magistrate Judge
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