On April 17, I held a phone conference on with Felice Duffy and Peter Markle, representing the government, and Hugh Keefe and Nicole Fournier-Gelston, representing the defendant. The purpose of the conference was to discuss the defendant's challenge to the government's section 851 notice, as well as scheduling court proceedings regarding that challenge.
I set the following schedule: on Monday, April 21 at 10:00 a.m., with the defendant present, counsel will appear before me to argue the legal issues relating to the defendant's challenge. At that time, counsel should be prepared to discuss the specific grounds for that challenge.
Following that April hearing, counsel should discuss the defendant's challenge to the government's section 851 notice and determine whether an evidentiary hearing is needed to resolve any outstanding factual issues. If such a hearing is necessary, it will occur on Thursday, May 8 at 10:00 a.m. If such a hearing is not necessary, the defendant will be sentenced at that time.
It is so ordered.