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United States v. Scott

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


August 2, 2010

UNITED STATES OF AMERICA
v.
DONALD A. SCOTT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 2nd day of August, 2010, upon consideration of the nunc pro tunc motion (Doc. 331) to reconsider defendant's motion to suppress physical evidence and to grant a hearing allowing defendant to supplement testimony in support thereof, filed by defendant Donald A. Scott ("Scott") on June 15, 2010, wherein Scott requests that the court revisit its order (Doc. 216) of November 20, 2009, which granted in part and denied in part Scott's motion to suppress evidence, and it appearing that Scott claims that testimony elicited during the trial of his alleged co-conspirator, Chance Bonner, establishes that he had a reasonable expectation of privacy in the residence of Samantha Jackson ("Jackson"),*fn1 and attempts to re-argue two issues raised during the initial suppression briefing,*fn2 and recognizing that under Federal Rule of Criminal Procedure 12(e), "[a] party waives any Rule 12(b)(3) defense, objection, or request not raised by the deadline the court sets under Rule 12(c) or by any extension the court provides,"*fn3 FED. R. CRIM. P. 12(e), that Scott has had an opportunity to thoroughly litigate his suppression arguments,*fn4 and that his untimely arguments are not excused by good cause, see FED. R. CRIM. P. 12(e) (permitting the court to grant relief from waiver for "good cause"), and concluding that even if Scott's untimely arguments were excused for good cause, the warrant used to search Jackson's apartment was supported by probable cause, (see Doc. 216 at 2-3, 9-10 (explaining, inter alia, that the warrant supports a "fair probability that the fruits of a crime were present inside the apartment"), it is hereby ORDERED that Scott's motion (Doc. 331) to reconsider is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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