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Advisory Committee on Criminal Rules ADVISORY COMMITTEE ON CRIMINAL RULES Philadelphia, PA September 24, 2019 AGENDA Meeting of the Advisory Committee on Criminal Rules September 24, 2019 Philadelphia, PA 1. Opening Business A. Chair’s Remarks and Administrative Announcements (Oral Report) • Introduction of new members B. ACTION: Review and Approval of Minutes • Draft Minutes of the May 7, 2019 Meeting of the Advisory Committee on Criminal Rules .......................................................21 C. Report of the Rules Committee Staff 1. Report on the June 2019 Meeting of the Committee on Rules of Practice and Procedure • Draft Minutes of the June 25, 2019 Meeting of the Committee on Rules of Practice and Procedure ...............41 2. Report on the September 2019 Session of the Judicial Conference of the United States • September 2019 Report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States ...............................................................69 3. Rules and Projects Pending Before Congress, the Supreme Court, the Judicial Conference, and the Rules Committees • Chart Tracking Proposed Rules Amendments .................97 4. Legislative Update • Pending Legislation That Would Directly or Effectively Amend the Federal Rules (116th Congress) ............................................................109 2. ACTION: Proposed Amendment to Rule 16 A. Reporters’ Memorandum (September 4, 2019) .......................................117 B. Text of Proposed Rule and Committee Note • Redline Version of Proposed Amendment to Rule 16 .................127 Advisory Committee on Criminal Rules | September 24, 2019 Page 3 of 244 • Clean Version of Proposed Amendment to Rule 16 ....................135 • Proposed Committee Note ...........................................................143 C. Suggestions to Amend Rule 16 • Suggestion 17-CR-B (Hon. Hon. Jed S. Rakoff) .........................147 • Suggestion 17-CR-D (Hon. Paul W. Grimm) ..............................157 • Suggestion 18-CR-F (Carter B. Harrison IV) ..............................179 3. Time for Ruling on Habeas Motions A. Reporters’ Memorandum (August 20, 2019) ...........................................191 B. Letter from Hon. Audrey G. Fleissig, Chair of the Judicial Conference Committee on Court Administration and Case Management (June 13, 2019) ...................................................................195 C. Suggestion 18-CR-D (Gary E. Peel) ........................................................199 4. New Suggestion: IFP & CJA Status A. Reporters’ Memorandum (August 20, 2019) ...........................................209 B. Suggestion 19-CR-A (Sai) .......................................................................215 5. New Suggestion: Rule 45 (Court Calculation & Notice of All Deadlines) A. Reporters’ Memorandum (August 18, 2019) ...........................................227 B. Suggestion 19-CR-B (Sai) .......................................................................231 6. New Suggestion: Rule 45 & the E-Filing Deadline Subcommittee A. Reporters’ Memorandum (August 21, 2019) ............................................237 B. Suggestion 19-CR-C (Hon. Michael A. Chagares) ...................................241 7. Next Meeting: May 5, 2020, Washington, DC Advisory Committee on Criminal Rules | September 24, 2019 Page 4 of 244 ADVISORY COMMITTEE ON CRIMINAL RULES Chair, Advisory Committee Honorable Donald W. Molloy on Criminal Rules United States District Court Russell E. Smith Federal Building 201 East Broadway Street, Room 360 Missoula, MT 59802 Reporter, Advisory Committee Professor Sara Sun Beale on Criminal Rules Charles L. B. Lowndes Professor Duke Law School 210 Science Drive Durham, NC 27708-0360 Associate Reporter, Advisory Committee Professor Nancy J. King on Criminal Rules Vanderbilt University Law School 131 21st Avenue South, Room 248 Nashville, TN 37203-1181 Members, Advisory Committee Honorable Brian A. Benczkowski on Criminal Rules Assistant Attorney General (ex officio) Criminal Division United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530-0001 Jonathan J. Wroblewski Director, Office of Policy and Legislation Criminal Division United States Department of Justice 950 Pennsylvania Avenue NW, Room 1744 Washington, DC 20530 Honorable James C. Dever III United States District Court Terry Sanford Federal Building 310 New Bern Avenue, Room 716 Raleigh, NC 27601-1418 Donna L. Elm Federal Public Defender Park Tower Building 400 North Tampa Street, Room 2700 Tampa, FL 33602 Effective: October 1, 2018 Advisory Committee on Criminal Rules Page 1 Revised: June 5, 2019 Advisory Committee on Criminal Rules | September 24, 2019 Page 5 of 244 Members, Advisory Committee Honorable Gary Feinerman on Criminal Rules (cont’d) United States District Court Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street, Room 2156 Chicago, IL 60604 Honorable Michael J. Garcia New York State Court of Appeals 20 Eagle Street Albany, NY 12207 Honorable Denise P. Hood United States District Court Theodore Levin United States Courthouse 231 West Lafayette Boulevard, Room 251 Detroit, MI 48226 Honorable Lewis A. Kaplan United States District Court Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Room 2240 New York, NY 10007-1312 Professor Orin S. Kerr USC Gould School of Law 699 Exposition Boulevard, Room 462 Los Angeles, CA 90089-0071 Honorable Raymond M. Kethledge United States Court of Appeals Federal Building 200 East Liberty Street, Suite 224 Ann Arbor, MI 48104 Honorable Bruce J. McGiverin United States District Court Federico Degetau Federal Building 150 Carlos Chardon Avenue, Room 483 San Juan, PR 00918-1767 Catherine M. Recker, Esq. Welsh & Recker PC 2000 Market Street, Suite 2903 Philadelphia, PA 19103 Effective: October 1, 2018 Advisory Committee on Criminal Rules Page 2 Revised: June 5, 2019 Advisory Committee on Criminal Rules | September 24, 2019 Page 6 of 244 Members, Advisory Committee Susan M. Robinson, Esq. on Criminal Rules (cont’d) Thomas Combs & Spann PLLC P. O. Box 3824 Charleston, WV 25338 Clerk of Court Representative, James N. Hatten Advisory Committee on Criminal Rules Clerk United States District Court Richard B. Russell Federal Building and United States Courthouse 75 Spring Street, S. W., Room 2217 Atlanta, GA 30303-3309 Liaison Member, Advisory Honorable Jesse M. Furman (Standing) Committee on Criminal Rules United States District Court Thurgood Marshall United States Courthouse 40 Centre Street, Room 2202 New York, NY 10007-1501 Secretary, Standing Committee Rebecca A. Womeldorf and Rules Committee Chief Counsel Secretary, Committee on Rules of Practice & Procedure and Rules Committee Chief Counsel Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E., Room 7-240 Washington, DC 20544 Effective: October 1, 2018 Advisory Committee on Criminal Rules Page 3 Revised: June 5, 2019 Advisory Committee on Criminal Rules | September 24, 2019 Page 7 of 244 Advisory Committee on Criminal Rules Members Position District/Circuit Start Date End Date Donald W. Molloy Chair D Montana Chair: 2015 2019 Brian A. Benczkowski* DOJ Washington, DC ---- Open James C. Dever III D North Carolina (Eastern) 2014 2020 Donna Lee Elm FPD Florida (Middle) 2017 2020 Gary Feinerman D Illinois (Northern) 2014 2020 Michael J. Garcia JUST New York 2018 2021 Denise Page Hood D Michigan (Eastern) 2015 2021 Lewis A. Kaplan D New York (Southern) 2015 2021 Orin S. Kerr ACAD Washington, DC 2013 2019 Raymond M. Kethledge C Sixth Circuit 2013 2019 Bruce J. McGiverin M Puerto Rico 2017 2020 Catherine M. Recker ESQ Pennsylvania 2018 2021 Susan M. Robinson ESQ West Virginia 2018 2021 Sara Sun Beale Reporter ACAD North Carolina 2005 Open Nancy J. King Associate Reporter ACAD Tennessee 2007 Open Principal Staff: Rebecca Womeldorf 202-502-1820 __________ * Ex-officio - Assistant Attorney General, Criminal Division Advisory Committee on Criminal Rules | September 24, 2019 Page 8 of 244 RULES COMMITTEE LIAISON MEMBERS Liaisons for the Advisory Committee Judge Frank M. Hull (Standing) on Appellate Rules Judge Pamela Pepper (Bankruptcy) Liaison for the Advisory Committee Judge William J. Kayatta, Jr. (Standing) on Bankruptcy Rules Liaisons for the Advisory Committee Peter D. Keisler, Esq. (Standing) on Civil Rules Judge A. Benjamin Goldgar (Bankruptcy) Liaison for the Advisory Committee Judge Jesse M. Furman (Standing) on Criminal Rules Liaisons for the Advisory Committee Judge Carolyn B. Kuhl (Standing) on Evidence Rules Judge Sara Lioi (Civil) Judge James C. Dever III (Criminal) Effective: October 1, 2018 Liaison Members Page 1 Revised: June 5, 2019 Advisory Committee on Criminal Rules | September 24, 2019 Page 9 of 244 ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS Rebecca A. Womeldorf Chief Counsel Rules Committee Staff – Office of General Counsel Administrative Office of the U.S. Courts Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E., Room 7-300 Washington, DC 20544 Phone: 202-502-1820 [email protected] Bridget M. Healy Shelly L. Cox Counsel (Appellate / Bankruptcy) Administrative Analyst S. Scott Myers Counsel (Bankruptcy / Standing) Julie M. Wilson Counsel (Civil / Criminal / Standing) Effective: October 1, 2018 Federal Judicial Center Page 1 Revised: June 5, 2019 Advisory Committee on Criminal Rules | September 24, 2019 Page 10 of 244 FEDERAL JUDICIAL CENTER LIAISONS Hon. John S. Cooke Director Federal Judicial Center Thurgood Marshall
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