USA v. Stately

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Both the United States and Defendant Jennifer Marie Stately have requested and
consented to trial in this case at the Minneapolis Courthouse in the Fourth Division in the
District of Minnesota. (See Docket Nos. 88–90.) Since trial is normally required to be in
the division in which the alleged offense occurred, venue in this case would normally be
in the District’s Sixth Division at the Fergus Falls Courthouse, which would utilize jurors
from the Sixth Division. The Defendant has waived her right to a trial in the Sixth Division,
as well as her right to be tried before a Sixth Division jury.
Addressing the trial location first, while the Court does not necessarily agree that
the winter weather in Fergus Falls would make it more difficult to complete the trial since
winter weather in Minneapolis is typically just as challenging, the Court will grant the
parties’ request and order that the trial be moved to the Fourth Division. For a trial of
this anticipated length, the location will make it easier for the parties to arrange for
necessary witnesses and to conduct the trial.
UNITED STATES OF AMERICA,
Plaintiff,
v.
JENNIFER MARIE STATELY,
Defendant.
Criminal No. 24-118 (JRT/LIB)
ORDER ON CONSENT TO TRY CASE IN
FOURTH DIVISION
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The Court will also grant Defendant’s waiver of her right to a Sixth Division jury.
The Defendant’s waiver language, however, is somewhat unclear as she consents to a trial
in the Fourth Division and purports to consent to a jury selected from the Fourth Division
only. 	Trials in the Fourth Division, however, utilize jurors randomly drawn from the
Fourth and the Third Divisions. 	See Jury Selection Plan, U.S. District Court, District of
Minnesota, Rule 16. 	Under the Court’s jury plan, it is not possible to select jurors only
from the Fourth Division. The Court will assume the Defendant’s waiver indicates consent
to trial before a jury selected from the Third and Fourth Divisions, unless the Court hears
otherwise from Defendant.
The Court will hold a pretrial conference on February 4, 2026, and trial is set to
begin February 9.
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. 	Defendant’s Waiver of the Right to Trial in, and Jurors from, the Sixth Division
is GRANTED as follows:
A. Trial will be conducted at the Minneapolis Courthouse in the Fourth
Division.
B. 	Pursuant to the District of Minnesota’s Jury Selection Plan, the jury pool
will be selected from the Third and Fourth Divisions.
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DATED: January 23, 2026 	_____/s/ John R. Tunheim ____
at Minneapolis, Minnesota. 	JOHN R. TUNHEIM
United States District Judge
CASE 0:24-cr-00118-JRT-LIB Doc. 98 Filed 01/23/26 Page 3 of 3