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United States v. Cherry

August 9, 2010

UNITED STATES OF AMERICA
v.
GRINNELL CHERRY, II



The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW this 9th day of August, 2010, upon consideration of defendant's Motion to Suppress Physical Evidence and Supporting Memorandum of Law (Document No. 18, filed April 14, 2010); the Government's Response to Defendant's Motion to Suppress Physical Evidence (Document No. 24, filed May 20, 2010); the Government's Supplemental Response to Defendant's Motion to Suppress Physical Evidence (Document No. 31, filed June 10, 2010); Defendant's Memorandum of Law in Response to Government's Supplemental Response (Document No. 33, filed June 15, 2010); the Government's Motion in Limine to Admit Evidence Under Fed. R. Evid. 609(a)(1) (Document No. 20, filed April 29, 2010); and defendant's Answer Memorandum in Response to Government Motion to Admit Prior Convictions Evidence Under Fed. R. Evid. 609(a)(1) (Document No. 27, filed June 2, 2010), following a hearing and oral argument on June 10, 2010, for the reasons set forth in the Memorandum dated August 9, 2010, IT IS ORDERED, as follows:

1. Defendant's Motion to Suppress Physical Evidence (Document No. 18, filed April 14, 2010) is DENIED; and

2. The Government's Motion in Limine to Admit Evidence Under Fed. R. Evid. 609(a)(1) (Document No. 20, filed April 29, 2010) is GRANTED IN PART and DENIED IN PART, as follows:

a. That part of the government's Motion which seeks to admit for impeachment purposes evidence of defendant's 2003 conviction for robbery, if defendant testifies, is GRANTED. However, the government is PRECLUDED from referring at trial to defendant's use of a firearm during the commission of the robbery; and,

b. That part of the government's Motion which seeks to admit for impeachment purposes evidence of defendant's 2003 conviction for carrying a firearm without a license, if defendant testifies, is DENIED.

20100809

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