The opinion of the court was delivered by: Arthur J. Schwab United States District Judge
MEMORANDUM ORDER RE: DEFENDANTS' PRE-TRIAL MOTIONS
On February 15, 2011, an indictment was filed against twenty
Defendants charging them with various offenses including conspiracy to
distribute and possession with intent to distribute heroin and firearm
offenses. Doc. No. 1. On June 7, 2011, a superseding indictment was
filed charging twenty-four Defendants with similar offenses. Doc. No.
273. Since that time, eighteen of the twenty-four Defendants have
changed their plea and pled guilty to the offenses(s) charged or,
pursuant to a plea agreement, a lesser included offense.*fn1
Many of these Defendants have already been sentenced by this
Court. The only Defendants who have not pled guilty are: Jeremiah
Manghan (1), Andre Allen (2), Keenan Black (4), Randale Chapman (7),
Lamont Hunter (12), and Deron Nixon (17). On July 31, 2012, the Court
entered a Pre-Trial Order setting deadlines for pre-trial matters and
setting trial for October 29, 2012. Doc. No. 965.
Defendants who are proceeding to trial have filed seventeen pre-trial motions at various dates. Doc. Nos. 263, 266, 267, 268, 466, 467, 468, 469, 470, 471, 580, 704, 955, 958, 959, 998, 999.*fn2 The Government filed an omnibus response on August 21, 2012. Doc. No. 989. Defendants' deadline to file their reply briefs was August 30, 2012. 7/31/12 Text Order. No replies have been filed.
AND NOW, this 7th day of September 2012, after careful consideration of Defendants' Motions and the parties' briefs in support of and in opposition thereto, the Court rules as follows:
Motions for Disclosure/Discovery:
1. Motion for Discovery: Deron Nixon (Doc. No. 466)
Defendant Nixon filed a Motion, pursuant to Federal Rules of Criminal Procedure 12 and 26.2, listing categories of information that he requests as part of discovery. Doc. No. 466. The Government contends that it "has complied with its discovery obligations under Rule 16 and will continue to do so." Doc. No. 989, 2. All parties must comply with their respective discovery obligations under Rule 16, and the Court believes that the parties have done so. Furthermore, the Court finds that Defendant's request for the categories of information is premature in light of the Court's Pre-trial Order setting forth dates for disclosure of Brady/Giglio and Jencks information (October 2, 2012, Doc. No. 965, ¶ 4). Therefore, Defendant's Motion for Disclosure (Doc. No. 466) is DENIED AS MOOT.
2. Motion to Produce Evidence Which the Government Intends to Use under Fed. R. Evid. 404(b) and 609: Lamont Hunter (Doc. No. 266)
3. Motion to Compel Disclosure of 404(b) Material: Deron Nixon (Doc. No. 467)
Both Defendants Hunter and Nixon request information that the Government intends to use pursuant to Federal Rules of Evidence 404(b) and 609. These Rules permit evidence of other crimes, wrong, or other acts to be used for a purpose other than to prove a person acted in accordance with the character. Pursuant to the Rules, the prosecutor must: (a) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and (b) do so before trial -- or during trial if the court, for good cause, excuses lack of pre-trial notice.
The Court's Pre-Trial Order sets forth that information pursuant to Fed. R. Evid. 404(b) must be disclosed by October 2, 2012. Doc. No. 965, ¶ 4. This schedule is adequate time for Defense Counsel to review any 404(b) material in preparation for the jury trial set to begin October 29, 2012. Therefore, Defendants' Motions to Produce Evidence Pursuant to Fed. R. Evid. 404(b) and 609 (Doc. Nos. 266 and 467) are DENIED AS MOOT.
4. Motion for Disclosure in a Timely Manner of Jencks Act Material: Deron Nixon (Doc. No. 470)
In his Motion, Defendant Nixon requests witness' previous oral and written statements ("Jencks Act material") at least 30 days before trial. Doc. No. 470, 2. The Government is obliged to provide Jencks Act material pursuant to 18 U.S.C. § 3500 and Fed. R. Crim. Pro. 26.2.
18 U.S.C. § 3500 provides that statements or reports of prospective Government witnesses shall not "be the subject of subpoena, discovery, or inspection until said witness has testified on direct examination in the trial of the case." The Court's Pre-Trial Order sets forth that the Government is encouraged to provide remaining Jencks Act material prior to the October 26, 2012, Pre-Trial Conference. Doc. No. 965, ¶ 4. The Court declines to order that the Government provide Jencks Act material earlier than October 26, 2012, but continues to ...