IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 31, 2013
UNITED STATES OF AMERICA
The opinion of the court was delivered by: R. Barclay Surrick U.S. District Judge
AND NOW, this 31st day of January, 2013, upon consideration of Defendant Robert Merritt's Motion to Preclude Evidence of Prior Bad Acts (ECF No. 354), and the Government's Response (ECF No. 461), and after a hearing in open court, it is ORDERED as follows:
(1) The Motion to preclude testimony regarding the sale of controlled substances is DENIED.
(2) The Motion to preclude testimony regarding Defendant's prior conviction for possession of a firearm is DENIED.
(3) The Government may provide supplemental briefing to explain how the proffered evidence of threats and intimidation of three witnesses and the attempted abduction of a witness support any of the charged aggravating factors.
IT IS SO ORDERED.
BY THE COURT:
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