IN THE DISTRICT COURT OF THE UNITED STATESFOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA ) CR. NO. 1:12-CR-169-MHT-WC )

v. ) )

JAMES TIMOTHY TURNER, ) )

Defendant. ) Trial Date: March 18, 2013

GOVERNMENT’S MOTION TO SET TRIAL FIRST ON TRIAL TERM

The United States of America, by and through its undersigned counsel, respectfully

requests that this Court set the trial of this matter first on the March 18, 2013 trial term. The

United States anticipates trial in this matter will last approximately two weeks.

First, the United States anticipates calling more than ten witnesses from out-of-state.

Setting this trial on a fixed date will help to minimize the inconvenience to these witnesses,

reduce the expense to the Government in bringing these witnesses to Alabama, and assist in

ensuring that this trial proceeds as efficiently as possible so as to preserve judicial resources.

Second, IRS-CI Special Agent Louie Wilson is the lead agent and a material witness in

this matter. Special Agent Wilson is also the lead agent and a material witness in the United

States v. Quentin Collick, et al. matter (Case No. 2:12-CR-140), which is scheduled for Judge

Fuller’s April 1, 2013 trial term and which the prosecution apparently anticipates will in fact

proceed to trial. Setting the Turner trial to begin first on the March 18, 2013 trial term would

significantly decrease the likelihood of any scheduling conflict arising from Special Agent

Wilson’s involvement in both cases.

To the extent this Court determines that a hearing on this motion is necessary, the United

States respectfully requests that it be set for a hearing in open court on February 7 or February 8,

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2013.

Based on the foregoing, the United States respectfully requests that this trial be set to

begin first on the March 18, 2013 trial term.

SANDRA J. STEWART ACTING UNITED STATES ATTORNEY

By: /s/ JUSTIN GELFAND JUSTIN GELFANDGRAY BORDENAttorneys for the United States

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CERTIFICATE OF SERVICE

I hereby certify that on January 28, 2013, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system which will send notification of such filing to all

counsel of record.

/s/ JUSTIN GELFAND JUSTIN GELFANDTrial AttorneyU.S. Department of Justice, Tax Division601 D Street, N.W.Washington, D.C. 20004(202) 514-5145justin.k.gelfand@usdoj.gov

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