Description: Fort Wayne, Indiana criminal law lawyer represented Defendant charged with five counts of bank fraud and five counts of aggravated identity theft.
Marcus J. Rozier, age 27, from Atlanta was charged with bank fraud in volation of 18 U.S.C. 1344 and illegal use of identification documents in violation of 18 U.S.C. 1028.
12/09/2022 162 JURY TRIAL (Day 4) as to Marcus J Rozier held on 12/9/2022 before Judge Holly A Brady. Govt appeared by attys Stacey Speith and Brent Ecenbarger. Homeland Security Agent Anthony Agular and Homeland Security Task Force Officer Nick Martin also appeared. Dft appeared by attys Michelle Kraus and Chad Pennington. Court hears argument on and TAKES UNDER ADVISEMENT Dft's 160 Motion for Discovery Under the Jenks Act and Rule 26.2 for Dismissal or a New Trial Under Brady. Court DENIES Dft's Oral Rule 26.2 Motion to Produce Evidence for reasons stated on the record. Dft presents evidence and rests. Jury Instructions finalized. Closing arguments delivered. Jury Instructions read. Jury in deliberation and returns with verdict finding Dft GUILTY as to Counts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Superseding Indictment. Jurors polled. Sentencing Scheduling Order to be issued. Court DENIES Dft's Oral Rule 29 Motion for Judgment of Acquittal for reasons stated on the record. Court KEEPS UNDER ADVISEMENT Dft's 160 Motion for Discovery Under the Jenks Act and Rule 26.2 for Dismissal or a New Trial Under Brady. Dft's Brief to be filed by 1/16/2023. Govt's Response to be filed by 2/15/2023. Dft's Reply to be filed by 3/1/2023. Dft REMANDED to custody of US Marshal. (Court Reporter Stacy Drohosky). (cer) (Entered: 12/09/2022)
12/09/2022 164 COURT'S WITNESS LIST AND EXHIBIT LIST as to Marcus J. Rozier. (cer) (Entered: 12/09/2022)
12/09/2022 165 JURY INSTRUCTIONS as to Marcus J. Rozier. (cer) (Entered: 12/09/2022)
12/09/2022 166 JURY VERDICT as to Marcus J. Rozier (1). (cer) (Entered: 12/09/2022)
12/09/2022 167 RECEIPT FOR PERMANENT RELEASE OF EXHIBITS as to Marcus J Rozier. (cer) (Additional attachment(s) added on 12/9/2022: # 1 Restricted Ink Signature) (cer). (Entered: 12/09/2022)
12/09/2022 168 JUROR NOTE as to Marcus J. Rozier. (cer) (Entered: 12/09/2022)
12/09/2022 169 JURY MEAL ORDER as to Marcus J. Rozier. Signed by Judge Holly A Brady on 12/9/22. (cer) (Entered: 12/09/2022)
Outcome: SENTENCING SCHEDULING ORDER as to Marcus J. Rozier: Telephonic Sentencing Status Conference SET for 3/15/2023 11:00 AM in US District Court - Fort Wayne before Judge Holly A Brady. Court will initiate the call. Sentencing SET for 3/22/2023 10:00 AM in US District Court - Fort Wayne before Judge Holly A Brady. The Parties are DIRECTED to advise the Probation Officer at the time they submit or respond to an objection to the Draft Presentence Investigation Report if they are requesting an evidentiary hearing with respect to the objection. In the event a hearing is requested, the parties are DIRECTED to include their position regarding the anticipated length of any evidentiary hearing and when the parties believe they will be prepared to proceed with the hearing. The Probation Officer is further DIRECTED to include such information in the Addendum. Parties are DIRECTED to file any motions related to sentencing either four (4) full business days after the Final Pre-Sentence Report has been submitted or two (2) full business days before the Telephonic Sentencing Status Conference, whichever occurs earlier. To the extent the parties elect to file a sentencing memorandum, such memorandum shall be filed seven (7) days prior to sentencing. For any cases involving forfeiture, the Government must file a Notice as outline in Order by 2/20/2023. Signed by Judge Holly A Brady on 12/9/2022. (ash) (Entered: 12/12/2022)
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