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United States v. Cunningham

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


March 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID CUNNINGHAM, DEFENDANT.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

Order of Court

Based upon the parties proffers as set forth in the government's Notice of Evidence It Intends to Introduce at Trial Pursuant to Rules 404(b), 414, 609 and Proposed Limiting Instruction (doc. no. 82), and defendant's response thereto (doc. no. 98), which the Court deems as a motion in limine, the Court will deny the motion in limine and will allow the government to present the evidence it offers in its Notice of Evidence, subject to any developments at trial that would suggest the contrary. The Court will use the government's proposed limiting instruction, unless the parties agree to an alternative proposed limiting instruction, or defendant submits a proposed counter instruction. Any such proposed joint limiting instruction or counter instruction shall be filed by March 25, 2010.

SO ORDERED this 22nd day of March, 2010.

20100322

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