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United States v. Staples

United States District Court, D. Minnesota

June 15, 2018

United States of America, Plaintiff,
v.
Virginia Mae Staples, Defendant.

          Thomas Calhoun-Lopez, Assistant United States Attorney, (for the Government); and

          Lisa M. Lopez, Assistant Federal Defender, (for Defendant).

          ORDER

          Tony N. Leung United States Magistrate Judge

         This matter is before the Court, United States Magistrate Judge Tony N. Leung, on the following motions:

1. Defendant's Pretrial Motion for Disclosure of Rule 404 Evidence, (ECF No. 14);
2. Defendant's Pretrial Motion to Compel Attorney for the Government to Disclose Evidence Favorable to the Defendant, (ECF No. 15);
3. Defendant's Pretrial Motion for Discovery and Inspection, (ECF No. 16);
4. Defendant's Motion for Discovery of Expert Under Rule 16(a)(1)(G), (ECF No. 17);
5. Defendant's Motion for Early Disclosure of Jencks Act Material, (ECF No. 18); and
6. Defendant's Pretrial Motion for Government Agents to Retain Rough Notes and Evidence, (ECF No. 19).

         A hearing was held on April 17, 2018. (ECF No. 25). Based upon the record, memoranda, oral arguments of counsel, and the agreement of the parties as noted at the hearing and in their respective submissions, IT IS HEREBY ORDERED as follows:

         1. Defendant's Pretrial Motion for Disclosure of Rule 404 Evidence, (ECF No. 14), is GRANTED IN PART and DENIED IN PART as follows: Defendant requests that the Government “immediately disclose any ‘bad act' or ‘similar course of conduct' evidence it intends to offer at trial pursuant to Rule 404 of the Federal Rules of Evidence.” The Government has indicated it is aware of its obligations under Rule 404(b) and will comply with said obligations, proposing a two-week deadline for disclosure. (Gov't's Resp., at 1-2, ECF No. 23). At the hearing, Defendant had no objection to the two-week deadline. (Apr. 17, 2018 Motions Hearing Tr. 4:2-14, ECF No. 29).

         Rule 404(b) requires the Government to provide reasonable notice before trial when evidence of a crime, wrong, or other act will be used to “prov[e] motive opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.” Fed.R.Evid. 404(b)(2). “Rule 404(b) . . . applies to the admission of wrongful-act evidence that is extrinsic to the charged offense; the rule does not prevent admission of other wrongful conduct that is intrinsic to the charged offense.” United States v. Ruiz-Chavez, 612 F.3d 983, 988 (8th Cir. 2010) (citations omitted). “Evidence of other wrongful conduct is considered intrinsic when it is offered for the purpose of providing the context in which the charged crime occurred.” United States v. Johnson, 463 F.3d 803, 808 (8th Cir. 2006) (citation omitted). Therefore, the Government shall provide notice of all extrinsic evidence that it intends to offer at trial within the purview of Fed.R.Evid. 404(b) no later than two-weeks before trial. If the Government subsequently discovers additional extrinsic evidence, it shall provide reasonable notice of such evidence as soon as practicable after such discovery.

         2. Defendant's Pretrial Motion to Compel Attorney for the Government to Disclose Evidence Favorable to the Defendant, (ECF No. 15), is GRANTED IN PART and DENIED IN PART as follows: Defendant seeks evidence favorable to Defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny. The Government indicates that it is aware of its obligations under Brady, Giglio, and their progeny and will fully comply with its obligations, but objects to the extent Defendant seeks evidence outside these obligations. (Gov't's Resp., at 2). At the hearing, the Government indicated it has turned over all relevant evidence to date and agreed to provide any evidence subsequently discovered on a rolling basis, but no later than two weeks before trial. (Tr. 4:15-5:9). The Government shall comply fully with its obligations under Brady, Giglio, and their progeny. To the extent Defendant's motion seeks discovery and disclosures outside the Government's obligations under these authorities, it is denied. See United States v. Johnson, 228 F.3d 920, 924 (8th Cir. 2000) ...


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