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United States v. Mitan

September 23, 2009

UNITED STATES OF AMERICA
v.
KENNETH MITAN, FRANK MITAN,



The opinion of the court was delivered by: Michael M. Baylson, U.S.D.J.

ORDER

AND NOW, this 23rd day of September, 2009, after careful consideration of the Government's Motion and Defendants' Responses thereto, it is hereby ORDERED that the Government's Motion In Limine to Admit Evidence Pursuant to Federal Rule of Evidence 404(b) (Doc. No. 138) is GRANTED in part and DENIED in part as follows:

(1) The Government withdraws its request to admit evidence of Kenneth Mitan's arrest in Redondo Beach, California, per this Court's Order granting in part Defendants' Motion to Suppress.

(2) Evidence of Kenneth Mitan's arrest in Gretna, Louisiana is not admissible because it is overly prejudicial.

(3) Evidence of the Tuckahoe Enterprises transaction is not admissible because it is overly prejudicial due to pending state criminal charges regarding that transaction.

(4) Evidence of the Spectacular Sports and Super-1 RV transactions is admissible to the extent outlined in the Government's Offer of Proof.

(5) The Court may deny or limit the admissibility of "other acts" evidence during the course of trial, in its discretion.

20090923

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