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UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT USDC
Eastern Dist. La. Criminal Docket No. 96 -198 No.
97-30552 UNITED STATES OF AMERICA v. ALVAREZ T. FERROUILLET, JR., Defendants UNITED
STATES MOTION
DONALD C. SMALTZ
INDEPENDENT COUNSEL
Jacob S. Frenkel, La. Bar No. 12986
Associate Independent Counsel
Wil Frentzen, La. Bar No. 24421
Associate Independent Counsel
Office of Independent Counsel
103 Oronoco Street, Suite 200
Alexandria, VA 22314
(703) 706-0010 UNITED STATES MOTION TO EXPEDITE
APPEAL I.
INTRODUCTION
The United States, represented by the Independent Counsel, hereby moves this Court
pursuant to Fifth Circuit Local Rule 27.7, to expedite these appeals. The reason for this motion is the public interest
in prompt resolution of the underlying Independent Counsel investigation; this resolution
will be delayed so long as the present appeals remain unresolved.
The present appeals arise out of an independent counsel investigation undertaken
pursuant to the Ethics in Government Act, 28 U.S.C. § 591 et seq. The Independent Counsel was appointed on September
9, 1994, and brought a 15 count indictment in the Eastern District of Louisiana on July 9,
1996. On August 6, 1996 a superseding
indictment in the Eastern District of Louisiana was returned against defendants Hemmingson
and Ferrouillet -- and others. The District
Court transferred 6 counts of that indictment to the Northern District of Mississippi on
November 6, 1996. The District Court in New
Orleans retained jurisdiction of the remaining counts.
These remaining counts charged Ferrouillet with interstate transportation of stolen
property (Count 1), money laundering (counts 2, 3, 5, 6, 7), engaging in illegal monetary
transactions (Counts 4, 8) and lying to federal agents (counts 9 and 10). Hemmingson was charged in Counts 1, 3, 4 and 8. On December 19, 1996, a jury returned verdicts of
guilt against both defendants on all counts except Hemmingson as to Count 8. Following post-trial motions, the District Court
entered judgments of guilt on April 10, 1997, from which both defendants now appeal. Additionally, the United States cross-appeals
defendants sentences.
This Court has not, to date, entered an Order providing a schedule for these
appeals. This motion proposes an expedited
time schedule. The United States understands
that the transcripts should be completed or very near completion. The defendants have been in possession of the full
trial transcripts since shortly after the conclusion of trial and the parties have already
had opportunity to review the prior proceedings. Therefore,
the briefing schedule should commence promptly.
Once the record is filed, we propose the following schedule.
This expedited schedule will have little effect on defendants time to file as
it deprives them of only 10 days out of the 40 allotted by a standard schedule to file
opening briefs and 10 days out of the 30 normally provided for responses to the
cross-appeal. Otherwise, the schedule is
strictly expedited by halving the time allotted for the United States to respond -- 15
rather than 30 days -- and reply -- 7 rather than 14 days.
For the reasons discussed below, the United States respectfully asks that this
appeal be expedited as shown above. II.
REASONS FOR GRANTING THE MOTION
The defendants appeals implicate the important public interest in prompt
resolution of criminal matters. However, that
interest is especially heightened here because this prosecution is one of a number brought
by an independent counsel appointed pursuant to the Ethics in Government Act, 28 U.S.C. §
591 et seq.
Unlike the Department of Justice or the United States Attorney, the office of an
independent counsel is not a continuing one. An
independent counsel is appointed to investigate and, where appropriate, prosecute a single
set of related matters. A principal concern
of the legislation creating the office is that the independent counsel perform his duties
in a prompt, responsible, and cost-effective manner, and that he complete
. . . any prosecution without undue delay. 28
U.S.C. § 593(b)(3). Any delay in bringing an
independent counsels prosecution to a close impedes the achievement of this goal.
The independent counsel statute directly reflects the concerns of Congress. The legislative history of the present statute
includes the congressional criticism that Independent Counsel investigations take
too long. Senate Report No. 103-101,
2994 U.S.C.C.A.N. at 761. Consequently, the
Special Division of the United States Court of Appeals for the District of Columbia that
appoints the independent counsel is instructed to review the progress of his work every
two years for the first four years, and every year thereafter, to determine whether to
terminate his office. 28 U.S.C. § 596(b)(2).
It has been the practice of this Independent Counsel to attempt to expedite both
trials and appeals -- whether brought by us or by opposing counsel -- to speed culmination
of the investigation. An expedited schedule
will not impose an undue burden on defendants who have been in possession of the trial
transcript for months and who likely have previously briefed and re-briefed each issue
they intend to raise on appeal. III.
CONCLUSION
There is a
strong public interest in resolving the present appeal quickly, so that this phase of the
Independent Counsels investigation can be brought to closure. The Independent Counsel respectfully requests this
Court to expedite the present appeal so that this matter can be resolved as quickly as
possible. Date:
June 9, 1997
Respectfully submitted,
DONALD C. SMALTZ
INDEPENDENT COUNSEL
_____________________________
Jacob S. Frenkel, La. Bar No. 12986
Associate Independent Counsel
Wil Frentzen, La. Bar No. 24421
Associate Independent Counsel
Office of Independent Counsel
103 Oronoco Street, Suite 200
Alexandria, VA 22314
(703) 706-0010
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT USDC
Eastern Dist. La. Criminal Docket No. 96 -198 No.
97-30552 UNITED STATES OF AMERICA v. ALVAREZ T. FERROUILLET, JR., Defendants
After consideration of the motion of the United States to expedite the appeal of
this matter, and upon finding a showing of good cause, it is hereby ordered that this
appeal be expedited in the following manner:
Defendants shall file their opening briefs within 30 days after the date on which
the record is filed. Within 15 days
thereafter, the United States shall file a brief containing its response and argument as
appellant. Within 20 days thereafter, the
defendants shall file their replies and responses to the United States cross-appeal. The United States shall then have 7 days to file
its reply.
Ordered this _____ day of _____________, 1997.
___________________________
United
States Circuit Court Judge
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