Form Orders & Operational Orders

=== Baker Sealing 2703d Motion Template ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION IN RE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER PURSUANT TO 18 U.S.C. § 2703(d) dated [INSERT DATE] MOTION TO SEAL The United States of America, by and through its undersigned Assistant United States Attorney, hereby moves this Court to seal the Court’s Order, issued pursuant to 18 U.S.C. § 2703(d), and related documents including the Government’s application. The Court has the inherent authority to seal these documents. See Baltimore Sun v. Goetz, 886 F. 2d 60 (4th Cir. 1988); see also In re Application of the United States of America for an Order Pursuant to 18 U.S.C. Section 2703(d), 707 F.3d 283, 289-94 (4th Cir. 2013). The purpose of the Government’s request is to protect the information contained within these documents and to avoid the disclosure of the investigation at this time. Based on the facts in the Government’s application, there is reason to believe that disclosure of the information in these documents would seriously jeopardize the investigation including by giving targets the opportunity to destroy or tamper with evidence, change patterns of behavior, flee from prosecution, intimidate cooperating and potential witnesses, and endanger the safety of law enforcement and other individuals. As an investigation unfolds, “law enforcement agencies must be able to investigate crime without the details of the investigation being released to the public in a manner that compromises investigations.” In re: 2703(d) Order, 787 F.Supp.2d 430, 441 (E.D.Va. 2011) (quoting Va. Dept. of State Police v. Washington Post, 386 F.3d 567, 574 (4th Cir. 2005). For these reasons, the Government submits that the interests in sealing the application and Order outweigh the common-law public right of access and that sealing is “essential to preserve higher values.” See Media Gen. Operations, Inc. v. Buchanan, 417 F.3d 424, 429-31 (4th Cir. 2005). As part of its analysis whether sealing is appropriate, “a judicial officer ‘must consider alternatives to sealing the documents’ which may include giving the public access to some of the documents or releasing a redacted version of the documents that are the subject of the government’s motion to seal.” Id. at 429. The G overnment submits that redacting the application and the Court’s Order cannot be accomplished without revealing sensitive aspects of the ongoing investigation. Based on the foregoing, the Government requests that the Government’s application for an Order pursuant to 18 U.S.C. § 2703(d), the Court’s Order, and the attachment thereto, be filed under seal except that working copies should be made available to the United States Attorney’s Office, the [INSERT AGENCY], and any other law enforcement agency designated by the United States Attorney’s Office. Respectfully submitted, M. RHETT DEHART ACTING UNITED STATES ATTORNEY By: ________________ 2

=== Dawson_Request_to_Strike_Jurors ===

REQUEST TO STRIKE JURORS FOR CAUSE FORM BASED ON RESPONSES TO COURT’S QUESTIONNAIRES Case Name: Case Number: Juror # Juror Name Question # at Issue Concern (if not self evident) Parties Agree Opposed By Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D P/D Attorneys must confer and use this form to submit a joint list of potential strikes for cause. __________________________ Signature of Counsel Print Name: ____________________ Federal I.D. #: __________________

=== CJA_24_Instructions ===

INSTRUCTIONS AUTHORIZATION AND VOUCHER FOR PAYMENT OF TRANSCRIPT CJA FORM 24 Read these instructions carefully before completing the form. Accuracy and thoroughness will aid in prompt payment of the claim. If possible, use a typewriter to complete the form; otherwise, write legibly with a ballpoint pen (preferably black or dark blue ink). If the form is system generated, Items 1 through 11 will be preprinted on the form. Item 1. Item 2. Items 3-6: Item 7: Item 8. CIR./DIST./DIV. CODE: This six-character court location code is the circuit, district and divisional office codes of the court where authorization is given to procure the transcript. PERSON REPRESENTED: Give the full name of the person for whom representation is being provided (i.e., the person for whom transcript services are requested). Only one name should be entered in Item 2 "Person Represented." DOCKET NUMBERS: Provide the case file number or the miscellaneous number of the case for which representation is provided. Enter the number using the last two digits of the calendar year (YY), the sequential number assigned by the court (NNNNN), and the defendant number (DDD) if applicable. Thus, the docket number format is YY-NNNNN-DDD. Complete a separate voucher for each transcript requested. Prorate the total transcript cost among the cases when costs are shared or apportioned. Cross reference all related claims for which costs are prorated or apportioned. IN CASE/MATTER OF (CASE NAME): In criminal cases, enter U.S. vs Defendant's Name. If it is a multiple defendant case, give the case cite as provided on the information or indictment (e.g., U.S. vs. Lead Defendant's Name, et al.) If the person represented is not a defendant (e.g. material witness), enter the first named defendant in the court's recording of the case. If this is a civil case (e.g., habeas corpus), enter the Name of the Petitioner vs. the Name of the Respondent and include the respondent's title. If other than a criminal or civil case (i.e., miscellaneous matters), enter "In the Matter of" followed by the Name of the Person Represented. PAYMENT CATEGORY: Check the appropriate box that defines the statutory threshold for this representation type. The appeal category covers direct appeals from conviction or sentence, and §2254, §2255, and §2241 appeals. The “Other” category includes: bail appeals, interlocutory appeals, supervised release violation appeals, mental condition hearing appeals, grand jury witness appeals, government appeals from orders suppressing evidence of dismissing indictments/informations; and motions for authorization to file successive habeas petitions. Item 9. Item 10. TYPE PERSON REPRESENTED: Check the box that categorizes the legal status of the person represented. REPRESENTATION TYPE: From the list below, select the code that describes the type of representation: TD - Trial Disposition (appeals from criminal conviction or sentencing after trial or guilty plea). Item 11. Item 12. Item 13. Item 14. HA - Habeas Appeal (§2254, §2255, and §2241 appeals). CA - Other (bail appeals, interlocutory appeals, supervised release violation appeals, mental condition hearing appeals, grand jury witness appeals, government appeals from orders suppressing evidence or dismissing indictments/informations, and motions for authorization to file a successive habeas petition. OFFENSE(S) CHARGED: Cite the U.S. Code, title and section, of the offense or offenses for which the person represented is charged. If a death penalty case, cite the charge for which the death penalty is being sought. If a civil matter, such as a capital habeas representation or motion attacking sentence, cite 28 U.S.C. § 2254 or 28 U.S.C.§ 2255, respectively. PROCEEDINGS IN WHICH TRANSCRIPT IS TO BE USED: Describe briefly the nature of the proceeding or other purpose for which the transcript is required (e.g., motion hearing, trial preparation, trial, appeal). PROCEEDINGS TO BE TRANSCRIBED: Describe specifically the type of proceedings to be transcribed (e.g., preliminary hearing, arraignment, plea, sentencing, trial, motions, parole or probation proceedings, state court proceedings, deposition). For restrictions on trial transcripts, see Item 14. SPECIAL AUTHORIZATIONS (services other than ordinary transcript): The following services are permitted only if the judicial officer gives special authorization (initialed by the judicial officer where required on the form): A. Apportionment of Transcript Cost. The Judicial Conference has stated that the total cost of accelerated transcript services should not be routinely apportioned among parties. B. Types of Transcripts: note: All but ordinary transcript services, to be delivered within 30 days after receipt of an order, require special prior judicial authorization. (1) Expedited -- to be delivered within 7 calendar days after receipt of an order. (2) Daily -- to be delivered following adjournment and prior to the normal opening hour of the court on the following morning, whether or not it is an actual court day. (3) Hourly -- ordered under unusual circumstances to be delivered within 2 hours. (4) Realtime Unedited Transcript -- to be delivered electronically during the proceedings or immediately following adjournment. C. Trial Transcripts -- In the absence of special prior authorization, trial transcripts shall exclude the prosecution opening statement, the defense opening statement, the prosecution argument, the defense argument, the prosecution rebuttal, the voir dire and jury instructions. D. Multi-defendant Cases -- According to Judicial Conference policy, no more than one transcript should be purchased from the court reporter on behalf of CJA defendants in multi-defendant cases. Arrangements should be made for duplication of enough transcript copies, at commercially competitive rates, for each CJA defendant for whom a transcript has been approved. The cost will be paid from CJA funds. This policy does not preclude the court reporter from providing copies at the commercially competitive rate. In addition, the court may grant an exception to this policy based upon a finding that application of the policy will unreasonably impede the delivery of accelerated transcripts to persons proceeding under the CJA. See paragraph 3.12C of the CJA Guidelines. ATTORNEY'S STATEMENT: The court-appointed counsel or the person proceeding pro se under the CJA must sign and date the affirmation statement, and print or type the signatory's name. Check the appropriate box to designate your status as a CJA panel attorney, a retained attorney whose client is unable to afford the cost of the transcript service, a person who qualifies for representation under the CJA but who has chosen to proceed pro se, or an attorney from a legal organization (bar association, legal aid agency, or community defender organization not receiving a periodic sustaining grant under the CJA). COURT ORDER: This order must be signed and dated by the presiding judicial officer, indicating eligibility under the CJA. An additional court order is not necessary to authorize procurement and payment for this service. COURT REPORTER/TRANSCRIBER STATUS: Check the appropriate box that indicates the reporter's status. Generally, this information will be provided by the court, the reporter, or the clerk. Item 15. Item 16. Item 17: Item 18: Item 19: Item 20. Item 21. PAYEE'S NAME, MAILING ADDRESS AND TELEPHONE NUMBER: Print or type the full name and mailing address of the payee. Provide the payee's telephone number, including the area code. SOCIAL SECURITY NUMBER OR EMPLOYER ID NUMBER OF PAYEE: Provide your Social Security Number (SSN) or your Employer Identification Number (EIN) that you use to report earnings to the Internal Revenue Service (IRS). TRANSCRIPT COSTS: Cost per page for transcripts prepared by official court reporters, contract court reporters, and transcribers of taped proceedings may not exceed the rates in effect at the time of the authorization. Generally, persons proceeding under the CJA may receive only the original or a copy of the transcript. Two lines for transcript costs have been provided on the form to reflect that the page rate will vary depending upon whether the party received the original or a copy, and that certain portions may be provided at a higher rate for accelerated service. (If more lines are needed to reflect these factors, attach an additional sheet and record the information in the same format as on the form.) A page of transcript shall consist of 25 lines typed on 8 -1/2 x 11 inch paper, prepared for binding on the left side, with 1-3/4 inch margin on the left side and a 3/8 inch margin on the right side. Typing shall be 10 letters per inch. Provide the page numbers for each segment of the transcript. Note: Claim reimbursement for only the following expenses: (1) Travel and subsistence of assistants who aid in preparation of daily or hourly transcript, if authorized in advance by the presiding judicial officer; and (2) Extraordinary delivery costs, such as courier services or express mail (regular postage is not reimbursable). Specify and attach receipts or other supporting documentation for expenses. CLAIMANT'S CERTIFICATION: Generally, the person providing the transcript services will sign this certification. However, if the transcript has been paid for, the attorney can request reimbursement for the cost on this form by signing the claimant's certification. In that event, the attorney also must be listed as the payee in Item 18, and the information required in Items 18 and 19 (SSN, payee's mailing address and telephone number) should relate to the attorney. If the 1099 should be sent to the attorney's Law Firm, indicate the TIN of the Law Firm or corporation and the Law Firm or corporate name in Item 19. Items 22. CERTIFICATION OF ATTORNEY OR CLERK. The attorney's signature in Item 22 verifies that the transcript was received. Clerks of court may verify receipt on behalf of persons proceeding pro se, and on behalf of all CJA parties in districts if the practice is authorized by local rule of the court. Item 23. APPROVED FOR PAYMENT: After reviewing for reasonableness and compliance with the CJA Guidelines, the presiding judicial officer must sign and date the voucher . Item 24. AMOUNT APPROVED. The amount approved for payment.

=== Harwell_Standing_Order_Requests_for_Continuances_Criminal_Pretrial_Conferences ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION IN RE: REQUESTS FOR CONTINUANCES; CRIMINAL PRETRIAL CONFERENCES STANDING ORDER PLEASE TAKE NOTICE that any Motion for Continuance filed before a scheduled pretrial conference shall state a reason, under 18 U.S.C. § 3161(h)(8)(B), why a continuance is requested. The Motion for Continuance must also contain not only defense counsel’s signature, but also the signature of the defendant acknowledging that he/she is waiving his/her rights under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., as well the signature of the Assistant United States Attorney assigned to the case consenting to a continuance. In cases where there are multiple defendants, this Court will not consider granting a continuance before the pretrial conference unless there are Motions for Continuance, with the appropriate signatures (as explained in the above paragraph), from all defendants in the case. Counsel should contact each other regarding obtaining the necessary signatures. Counsel are reminded that if they make a Motion for Continuance before the scheduled pretrial conference they should contact the Clerk’s office to confirm whether the Court has granted a continuance and whether they are excused from attending the scheduled pretrial conference. Unless you are excused by the Court, your attendance at the pretrial conference is required. This Court is aware of the fact that many of the cases that are placed on the term of Court are recently indicted cases, however, this is because this Court does not hold a term in the Florence division every month due to being assigned to other divisions and the necessity of complying with the Speedy Trial Act. IT IS SO ORDERED. July 7, 2006 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge 2

=== Gergel_Standing_Order_Rule11(c)(2) ===

2:24-mc-00515-RMG Date Filed 07/08/24 Entry Number 1 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION JUDGE GERGEL’S STANDING ORDER REGARDING RULE 11(c)(2), FEDERAL RULES OF CRIMINAL PROCEDURE 1. Rule 11(c)(2) provides terms of a Plea Agreement may be disclosed to the court in camera for good cause shown: “The parties must disclose the plea agreement in open court when the plea is offered, unless the court for good cause allows the parties to disclose the plea agreement in camera.”1 2. The Fourth Circuit has acknowledged that protection of cooperators is a compelling interest under the First Amendment. In United States v. Doe, 962 F.3d 139 (4th Cir. 2020), the Fourth Circuit found that “harm to cooperators does not only affect those individuals,” but that it also “‘threatens public safety’ and ‘interferes with the gathering of evidence, the presentation of witnesses, and the sentencing and incarceration of cooperating defendants, . . . pos[ing] a substantial threat to the underpinnings of the criminal justice system as a whole.’” Id. at 148. The court concluded that sealing an order that referred to a defendant’s cooperation was the narrowest means of protecting the compelling interest in protecting the defendant. Id. 1 Rule 11(c)(2) was added in 1975. Advisory Committee Notes indicate the Committee added language in subdivisions (e)(2) [now (c)(2)] and (e)(4) to permit a plea agreement to be disclosed to the court, or rejected by it, in camera. The language does not address itself to whether the showing of good cause may be made in open court or in camera. That issue is left for the courts to resolve on a case-by-case basis. These changes in subdivisions (e)(2) [now (c)(2)] and (e)(4) will permit a fair trial when there is substantial media interest in a case and the court is rejecting a plea agreement. 1 2:24-mc-00515-RMG Date Filed 07/08/24 Entry Number 1 Page 2 of 3 3. In cases involving cooperation before Judge Gergel, the following procedures shall be used: A. Two documents shall be prepared: a Plea Agreement and an In Camera Addendum. i. The Plea Agreement shall not contain cooperation provisions but shall contain the following language in the integration clause: The parties hereby agree that this Plea Agreement, together with any written provisions disclosed during the Rule 11 plea hearing in accordance with Fed. R. Crim. P. 11(c)(2), contain the entire agreement of the parties; that this Agreement supersedes all prior promises, representations and statements of the parties; that this Agreement shall not be binding on any party until the Defendant tenders a plea of guilty to the court having jurisdiction in this matter; that this Agreement may be modified only in writing signed by all parties; and that any and all other promises, representations and statements, whether made prior to, contemporaneous with or after this Agreement, are null and void. ii. The In Camera Addendum shall contain all provisions relevant to cooperation and shall, together with the Plea Agreement, constitute the entire agreement of the parties. B. Only the Plea Agreement shall be filed with the court prior to the Rule 11 hearing. The Government shall notify the court the Rule 11 hearing should be scheduled separately from PreTrial Conferences of other defendants. C. At the Rule 11 hearing, counsel shall request that matters regarding the In Camera Addendum be disclosed in camera and address the good cause basis for doing so. D. If the court finds good cause, the court reporter shall label that portion of the transcript “in camera.” E. The In Camera Addendum shall be retained by counsel until sentencing. F. No later than two (2) days prior to sentencing, counsel shall disclose to opposing counsel and submit via email to [email protected] copies of any motions related to the In Camera Addendum as well as any other documents for which in camera status, in whole or in part, is 2 2:24-mc-00515-RMG Date Filed 07/08/24 Entry Number 1 Page 3 of 3 requested. This includes confidential documents such as juvenile court and/or juvenile detention records, medical records, psychiatric or psychological records, family court records, and other documents that may relate to mental health, physical health, or personal safety of individuals.2 G. At sentencing, the In Camera Addendum, together with related motions and other documents for which good cause for in camera treatment is found by the court, shall be received by the Clerk and filed under seal. H. No in camera sealed documents shall be disclosed to any person without an order of the court finding there is no longer good cause for sealed in camera treatment. I. Notwithstanding the restriction in paragraph H above, the United States Attorney need not seek further leave of the court to disclose in camera documents to the defense where necessary to comply with discovery obligations. Such disclosures shall be made subject to the terms of the Standing Order Governing Discovery entered in all criminal cases and any other discovery order entered in a case. IT IS SO ORDERED. July 8, 2024 Charleston, South Carolina s/ Richard Mark Gergel Richard Mark Gergel United States District Judge 2 The Fourth Circuit has recognized that “an interest in protecting the physical and psychological well- being of individuals related to litigation . . . may justify restricting access” to such documents. United States v. Harris, 890 F.3d 480 (4th Cir. 2018). 3

=== Herlong_Standing_Order_Govt_Foreclosures ===

6:09-mc-00126-HMH Date Filed 09/15/09 Entry Number 1 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION IN RE GOVERNMENT FORECLOSURE CASES STANDING ORDER In government foreclosure cases, all submissions requesting action by the undersigned must be accompanied by a motion signed by the attorney of record. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge September 15, 2009 Greenville, South Carolina 1

=== Gossett Search Protocol for Electronically Stored Information from Third-Party Providers ===

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ELECTRONICALLY STORED INFORMATION WARRANTS CHECKLIST TO: RE: All AUSAs in the District of South Carolina Requirements for Submissions for Warrants Seeking Electronically Stored Information from Third-Party Providers Required by Magistrate Judges Gossett, Baker, and Cherry DATE: July 20, 2020 To expedite review of your submission for probable cause, please use the following checklist to make sure the documents in your packet are in the format required by the above-referenced judge(s). ELECTRONICALLY STORED INFORMATION FROM THIRD-PARTY PROVIDERS E.G., FACEBOOK, INSTAGRAM, GOOGLE Attachment B should have the “sealing protocol” prohibiting law enforcement from indefinitely reviewing the materials produced by the provider. There should be an Attachment B.III paragraph (B.I is the universe of documents to be produced by the provider, B.II is what law enforcement may seize, and B.III is the sealing protocol). Paragraph B.III should read substantially as follows: III. Segregation and Sealing Protocol After law enforcement personnel have an opportunity to inspect and analyze the items seized as set forth in Parts I and II of Attachment B, they will segregate and seal any information that does not fall within the scope of Attachment B.II and will not further review the information absent an order of the Court.

=== Lewis_Standing_Order_for_Criminal_Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA IN RE: ALL CRIMINAL MATTERS ASSIGNED TO JUDGE LEWIS § § STANDING ORDER The following deadlines will apply to all criminal matters before the undersigned: • • • • • Motions to Continue filed before a scheduled pretrial conference shall state a reason under 18 U.S.C. § 3161(h)(7)(B) why a continuance is requested. Motions and proposed orders from defense counsel must include the language that defense counsel has specifically advised his client that by requesting this continuance, or consenting thereto, the defendant has waived his rights to a speedy trial, as well as language that they have consulted with the Assistant U.S. Attorney assigned to the case and they consent. In cases where there are multiple defendants, this Court will not consider granting a continuance before the pretrial conference unless there are Motions for Continuance from all defendants in the case. Counsel should contact one another regarding obtaining the necessary signatures. Plea agreements must be filed with the Court no later than two (2) business days prior to a scheduled pretrial conference or plea hearing. Sentencing memoranda, motions for a variance, motions for a downward departure, and any other motions relating to sentencing must be filed at least two (2) business days prior to the sentencing hearing. Joint Strikes for Cause and Joint Requests for Voir Dire shall be filed with the Court no later than two (2) business days prior to jury selection. Requests for Voir Dire must include a list of witnesses along with their addresses as well as the occupation of each witness if relevant. The parties are required to jointly submit one set of Requests to Charge, to be filed with the Court no later than five (5) days prior to trial. If the parties cannot agree upon one entire set, they are required to submit joint instructions that have been agreed upon, and submit supplemental instructions that have not been agreed on. Each supplemental instruction should list the party requesting the instruction as well as any party’s objection to the instruction. Failure to timely file will result in sanctions and/or a waiver of any requests. IT IS SO ORDERED. Mary G. Lewis United States District Judge May 22, 2018 2

=== Herlong_Standing_Order_Settlement ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION IN RE CIVIL MATTERS ASSIGNED BEFORE JUDGE HERLONG STANDING ORDER Parties are ordered to immediately notify the court of settlement. In cases where motions are pending, parties who fail to immediately notify the court may be subject to sanctions. __________________________________ Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina July 25, 2002

=== Gossett AO 104 Tracking Warrant ===

AO 104 (Rev. 07/16) Tracking Warrant UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Tracking of (Identify the person, property, or object to be tracked ) Case No. TRACKING WARRANT To: Any authorized law enforcement officer An application by a federal law enforcement officer or an attorney for the government shows there is reason to believe that the person, property, or object described above has been involved in and likely will continue to be involved in the criminal activity identified in the application, and ’ is located in this district; ’ is not now located in this district, but will be at execution; ’ the activity in this district relates to domestic or international terrorism; ’ other: . I find that the affidavit(s), and any recorded testimony, establish probable cause to believe that (check the appropriate box) ’ using the object to monitor the location of the person, property, or object will satisfy the purpose set out in Fed. R. Crim. P. 41(c) for issuing a warrant. ’ installing and using a tracking device ’ I find entry into the following vehicle or onto the following private property to be necessary without approval or knowledge of the owner, custodian, or user of the vehicle or property for installing, maintaining, and removing the tracking device: YOU ARE COMMANDED to execute this warrant and begin use of the object or complete any installation authorized (no later than 10 days from the date this warrant was issued) and may continue to use the by the warrant by device until within this district or another district. To install, maintain, or remove the device, you may enter (check boxes as appropriate) (no later than 45 days from the date this warrant was issued). The tracking may occur ’ into the vehicle described above ’ in the daytime 6:00 a.m. to 10:00 p.m. ’ at any time in the day or night because good cause has been established. ’ onto the private property described above Within 10 calendar days after the use of the tracking device has ended, the officer executing this warrant must both return it to (United States Magistrate Judge) is authorized below — serve a copy of the warrant on the person who, or whose property or object, was tracked. and — unless delayed notice ’ Pursuant to 18 U.S.C. § 3103a(b)(1), I find that immediate notification may have an adverse result listed in 18 U.S.C. § 2705 (except for delay of trial), and this warrant prohibits the seizure of any tangible property or any wire or electronic communications (as defined in 18 U.S.C § 2510). I therefore authorize the officer executing this warrant to delay notice to the person who, or whose property or object, will be tracked (check the appropriate box) ’ for days (not to exceed 30) ’ until, the facts justifying, the later specific date of . Date and time issued: City and state: Judge’s signature Printed name and title AO 104 (Rev. 07/16) Tracking Warrant (Page 2) Case No. Return of Tracking Warrant With Installation 1. Date and time tracking device installed: 2. Dates and times tracking device maintained: 3. Date and time tracking device removed: 4. The tracking device was used from (date and time): to (date and time): Return of Tracking Warrant Without Installation 1. Date warrant executed: 2. The tracking information was obtained from (date and time): to (date and time): . . I declare under the penalty of perjury that this return is correct and was returned along with the original warrant to the designated judge. Certification Date: Executing officer’s signature Printed name and title

=== Hendricks_Joint_Strikes_for_Cause ===

JOINT SUBMISSION: STRIKES FOR CAUSE ____________________v.____________________ Case No. _________________________________ Juror # Juror Name Reason Party making and/or agreeing to request Plaintiff Defendant Juror # Juror Name Reason Plaintiff Defendant JOINTLY SUBMITTED BY: ________________________ Counsel for Plaintiff(s) ________________________ Counsel for Defendant(s)

=== Transcript_Filing_Instructions_Attorneys ===

Transcript Filing Instructions for Attorneys Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Filing .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Purchase of Transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Redaction Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Redaction Procedure:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Redacted Transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Individual Access to Transcript. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Juror Name Information.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Access for Appellate Case Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CJA Attorney Reimbursement of Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Overview The Judicial Conference Policy to make transcripts of court proceedings available electronically via CM/ECF and PACER mandates that official court transcripts be restricted from PACER for a period of 90 days after filing. During this 90 days period, the transcript is also subject to redaction of personal identifiers as requested by counsel of record and parties to the case. After the 90 day period has ended, the filed transcript (or redacted transcript) is available for inspection and copying in the Clerk’s Office, as well as through PACER. Filing After the transcript is filed in CM/ECF, all attorneys in the case will receive a Notice of Electronic Filing via email. The transcript will be restricted from PACER for a period of 90 days. Purchase of Transcript During the 90 day restriction period, transcripts must be purchased from the court reporter. There is no free look of the transcript. (cid:67) Purchasers who are attorneys in the case will be granted electronic access to the transcript via PACER. PACER fees will apply. (cid:67) The purchaser can receive the transcript from the court reporter in paper or electronic format, but not both. (cid:67) Attorneys who have not purchased the transcript from the court reporter will not have electronic access to it through PACER until the 90 day restricted period has expired. Transcript Filing Instructions for Attorneys Revised February 9, 2016 Page 1 of 5 Redaction Requirements Transcripts that have been ordered and filed in the case must be reviewed by attorneys and pro se litigants to determine if personal identifiers are listed in the transcript and must be redacted. Court reporters and clerk’s office personnel are not responsible for reviewing the transcript for possible redaction. Attorneys and pro se litigants must review transcripts for possible redaction even if they did not order the transcript. Note: The transcript can be purchased from the court reporter or viewed at the public access terminal in the clerk’s office. Review the transcript to identify the following personal identifiers for redaction: Individuals’ Social Security numbers, (cid:67) (cid:67) Taxpayer Identification numbers, (cid:67) Financial account numbers, (cid:67) Names of minor children, (cid:67) Dates of birth, (cid:67) Home address of party or non-party in criminal cases. Redaction Procedure: If upon review of the transcript it is determined that redaction of personal identifiers is necessary the attorney or party will: STEP 1 ACTION File a Notice of Intent to Request Redaction within 7 calendar days from the filing of the transcript. (cid:67) Form is available on the Court’s website (cid:67) Filing event: Notice of Intent to Request Redaction (cid:67) Attorneys and pro se litigants are responsible for notifying the court reporter of the filing of the Notice. 2 Provide a statement listing the information to be redacted by page and line number directly to the court reporter within 21 Transcript Filing Instructions for Attorneys Revised February 9, 2016 Page 2 of 5 STEP ACTION calendar days of the filing of the transcript. Note: If the statement is not provided to the court reporter within 21 days, the court may issue a Order to Show Cause or take other action. 3 File a motion, if there is other information in the transcript that you wish to redact. Note: The transcript will remain restricted until this motion is ruled on, even though the 90 day restriction period may have expired. Redacted Transcript If the attorney pro se party has identified personal identifiers for redaction, the court reporter will file a redacted transcript within 31 days from the filing of the transcript. The redacted transcript will remain restricted from PACER for the 90 day restriction period. Note: After the 90 day restriction period has expired, the redacted transcript will be available through PACER and the un-redacted transcript will remain restricted. Individual Access to Transcript When an attorney buys the transcript from the court reporter, the court reporter will allow access to the transcript to the attorney electronically via PACER. If a redacted transcript is later filed, the attorney will have access to it also. (cid:67) (cid:67) However, an attorney who purchases a redacted transcript, does not automatically acquire access rights to the un-redacted transcript. (cid:67) Since pro se litigants are not registered ECF filing users, they cannot be given electronic access to the transcript during the 90 day restriction period. Transcript Filing Instructions for Attorneys Revised February 9, 2016 Page 3 of 5 Juror Name Information The Judicial Conference’s Privacy Policy requires courts to restrict identifying information about jurors or potential jurors. (cid:67) Sections of the transcript containing juror name information will be filed as separate volumes. The PDF for these volumes remains restricted and available to court users only. Note: If jurors are identified by number only, the information is not restricted. Access for Appellate Case Attorney Periodically the Fourth Circuit will appoint an attorney who is not admitted to practice in South Carolina to represent a criminal defendant on appeal. Once appointed, the district clerk will provide the attorney with a Notice of Request for Access to D/SC ECF. Once the attorney submits the Notice to the court, the clerk’s office will provide him or her with a temporary ECF login and password. To obtain electronic access to the transcript and if applicable, file the Notice of Intent to Request Redaction or other transcript related filings, the attorney must: STEP ACTION 1 2 3 Purchase the transcript from the court reporter. Complete the request form provided by the Clerk’s Office to request a login and password for access to CM/ECF. Note: The Clerk’s Office will grant electronic access to the transcript so the attorney may access it via PACER. PACER fees will apply. Follow Redaction Procedure for filing a Notice of Intent to Redact, if applicable. CJA Attorney Reimbursement of Costs An attorney appointed under CJA is entitled to reimbursement for the costs of obtaining a transcript for purposes of review as well as for functions performed to fulfill their obligations, including the following: Transcript Filing Instructions for Attorneys Revised February 9, 2016 Page 4 of 5 (cid:67) (cid:67) (cid:67) (cid:67) travel to gain access to the transcript, review of the transcript to determine whether to file a Notice of Intent to Redact, filing a Notice of Intent to Redact or a motion for extension of time, reviewing a transcript to determine the location of information to be redacted or whether to file a motion for additional time; (cid:67) preparing and filing a redaction request or a motion, (cid:67) other actions (including creating pleadings, attending hearings or other follow-up). Transcript Filing Instructions for Attorneys Revised February 9, 2016 Page 5 of 5

=== Cain_Standing_Order_in_Criminal_Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA IN RE: ALL CRIMINAL MATTERS ASSIGNED TO JUDGE TIMOTHY M. CAIN STANDING ORDER In addition to the Federal Rules of Criminal Procedure and this District’s Local Criminal Rules, the following rules apply to all criminal matters before the undersigned: 1. Court Appearance. All attorneys must be present thirty minutes prior to all court appearances. Defense counsel is responsible for assuring that defendants and material witnesses are properly dressed for court appearances. Likewise, the U.S. Attorney’s Office is responsible for the proper dress of the government’s material witnesses. 2. Voir Dire.1 At least seven (7) calendar days prior to jury selection, all voir dire requests must be emailed to chambers at [email protected]. See Local Criminal Rule 26.04(A) DSC. The request forms may be found at www.scd.uscourts.gov. Prior to submitting any voir dire requests, the parties must confer and determine if they can agree on these requests. If so, the agreed upon requests must be submitted as joint submissions. The parties must also submit a list of witnesses and, if relevant, their addresses and occupations. If you intend to seek special voir dire, you must certify that the questions you wish to ask are not duplicative of those asked in the juror questionnaire.2 1 The court will ask potential jurors during jury selection if they know or have any connection with any of the attorneys, parties, or witnesses listed by either party in their pretrial briefs. The court will also summarize the allegations and ask if any potential juror is familiar with the dispute or has any preconceived views that may impair his or her ability to be impartial. 2 This district requires potential jurors to complete an extensive Juror Questionnaire. A sample questionnaire is available on the district’s website (www.scd.uscourts.gov). The questionnaire is intended to provide more thorough information to counsel than would otherwise be available and to minimize the time necessary to conduct voir dire. 3. Requests to Strike Jurors for Cause. Joint Strikes for Cause must be filed with the court no later than two days prior to jury selection. In trials involving more than one defendant, the defense must select one spokesperson for the purpose of jury selection. Pursuant to Fed. R. Crim. P. 24(b)(2), the defendant or defendants jointly have ten (10) peremptory challenges in non-capital felony cases. 4. Jury Instructions. Parties must file their proposed jury instructions with the court at least seven (7) calendar days before trial. See Local Criminal Rule 26.04 DSC. Do not submit repetitive requests for the same legal concept in your proposed jury instructions. Additionally, each requested instruction should contain a citation of authority with references to specific sections or pages. If unreported decisions are relied upon for support, copies of these decisions must be attached to the jury charge request. Objections to proposed jury instructions must be filed with the court at least (4) calendar days prior to trial. 5. Meet, Mark, and Exchange Exhibits. No later than seven (7) calendar days before the trial date, the attorneys for each side must meet for the purpose of agreeing and marking all exhibits to be used at trial, and, where possible, agree on the admissibility of trial exhibits. In the event there is an objection to any exhibit, the opposing party must file objections with the Court at least four (4) days prior to trial. After the exhibit list is prepared, the parties are not to re-number the exhibits. If items are deleted, the exhibits should be struck through and marked as withdrawn. The Government may wait until the day of the trial to mark fungible evidentiary items such as drugs, money, etc. 6. Proposed Orders. Do not file proposed orders in CM/ECF and do not submit proposed orders as a result of oral argument unless requested to do so. In the event a proposed order is requested, or otherwise appropriate, counsel should e-mail a copy of the proposed order and the related motion to [email protected] in Microsoft Word or WordPerfect format (double- spaced), and the e-mail should be copied to opposing counsel. The e-mail subject line should include the case number and the short form of the case name. The e-mail should indicate if the order was requested or if it relates to a corresponding motion. 7. Plea Agreements and Element Sheets. Plea Agreements and Element Sheets must be filed with the Court no later than twenty-four hours prior to a plea hearing. 8. Electronic Courtroom System. Counsel are required to use the electronic courtroom presentation system during trial. If counsel has not undergone electronic courtroom training, contact Pam Brissey in the Clerk of Court’s Office (864-241-2708) regarding use of the electronic system. However, note that training will not be conducted the day prior to trial or during trial. 9. Continuances. Motions to Continue shall state a reason under 18 U.S.C. § 3161(h)(7)(B) why a continuance is requested. Motions and proposed orders from defense counsel must certify that (1) defense counsel has specifically advised the defendant of his/her rights under the Speedy Trial Act and (2) that by requesting the continuance or consenting thereto, the defendant has waived the right to a speedy trial. This shall be deemed an affirmative representation by counsel as an officer of the court. The motion must also state that counsel has consulted with the Assistant United States Attorney ("AUSA") assigned to the case and indicate if the AUSA consents. 10. Objections to Presentence Investigation Reports. Motions for variance or departure. Fed. R. Crim. P. 32(e)(2) requires that the United States Probation Office (USPO) must provide the presentence investigation report (PSR) to the defense at least 35 days before sentencing unless the defendant waives the minimum period. Fed. R. Crim. P. 32(f) provides that within 14 days after receiving the PSR, the parties must state any objections in writing, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the PSR. An objecting party must provide a copy of its objections to the opposing party and to the probation officer, who is required to submit to the parties and the court an addendum to the PSR containing any unresolved objections. These time requirements afford the parties and the court the opportunity to study and review the PSR prior to the sentencing hearing. Fed. R. Cr. P. Rule 32(h)(i)(1)(D) provides that at sentencing the court may, for good cause, allow a party to make a new objection at any time before the sentence is imposed. However, dilatory conduct, procrastination, or lack of diligence on the part of counsel is not considered "good cause" within the meaning of the rule. Further, a lawyer is required to act with reasonable diligence and promptness in representing a client. 1.3, RPC, Rule 407, SCACR. Accordingly, counsel should be mindful of and adhere to the time requirements for filing objections to the PSR. Motions for variance or departure may address matters set forth in timely filed objections but should not be used as a vehicle to circumvent the time requirements for filing objections to the PSR. Upon receipt of the PSR, the court begins the process of preparing for sentencing. This process includes a thorough review of the case file, information presented at the plea hearing or trial, review of the PSR and any objections thereto. Sentencing hearings are scheduled well in advance to allow the parties adequate time to prepare. Much effort and coordination are involved between court staff, the USPO, United States Marshal's Service, interpreters, court reporters and others in scheduling sentencing hearings. This is done in part as an accommodation to avoid scheduling conflicts on the part of counsel who often appear in multiple hearings in different courts on the same day. The court recognizes that the Government may have legitimate reasons, such as the need to protect cooperators, for waiting to file a motion for a downward departure. However, the court is mindful of a disturbing trend on the part of some attorneys to file motions and supporting memoranda for variance or departure from the sentencing guidelines shortly before the sentencing hearing, often on the day before or even the day of the hearing. Whether such action is due to the failure to prepare for sentencing in a timely manner, to place the opposing party at a disadvantage with little time to respond, or other reasons, in the interests of justice, the court finds it necessary to establish deadlines for the filing of such motions so as to allow all parties the opportunity to respond and the court the opportunity to adequately consider the same prior to the sentencing hearing. Accordingly, in all criminal cases assigned to the undersigned, counsel shall abide by the time requirements for filing objections to the PSR as set forth above. In the event counsel deems it necessary to file an objection outside of this deadline, a motion to file out of time must be filed which sets forth with particularity the reason the motion could not be timely filed and the good cause therefor, together with the proposed objection. Sentencing memorandums, or any motion concerning sentencing including motions for departure or variance from the sentencing guidelines, or motions to reduce sentence must be filed no later than 14 days prior to the sentencing hearing. Responses are due 7 days prior to sentencing. Any such motion filed outside of these deadlines should be accompanied by a motion to file out of time which sets forth with particularity the reason the motion could not be timely filed, and which sets forth good cause therefor. If a motion for variance or departure is construed as an untimely objection to the PSR, the court reserves the right to require counsel to follow the filing procedure set forth above so as to allow the USPO and opposing party the opportunity to respond. Given the court's significant caseload and strains on limited judicial resources, if the unjustified failure of counsel to abide by these time requirements necessitates the postponement and rescheduling of a sentencing hearing, sanctions may be imposed and/or costs assessed as provided by law. In cases with counsel appointed pursuant to the Criminal Justice Act, the court will carefully consider whether counsel should be compensated at public expense for attendance at a second hearing necessitated by counsel's own conduct. IT IS SO ORDERED. s/Timothy M. Cain United States District Judge

=== CJA_20_Instructions ===

INSTRUCTIONS FOR CJA FORM 20 APPOINTMENT AND AUTHORITY TO PAY COURT APPOINTED COUNSEL Read these instructions carefully before completing the form. Accuracy and thoroughness will aid in the prompt payment of the claim. If possible, use a typewriter to complete the form; otherwise, write legibly with a ball point pen (preferably black or dark blue ink). If the form is system generated, Items 1 through 12 and 14 will be preprinted on the form. Attach an itemized statement of th