United States District Court, D. Minnesota
Katherine Menendez United States Magistrate Judge
matter is before the Court on motions for discovery and
disclosure filed by the government and Defendants Mark
Anthony Eggerson and Keyeon Marquis Carson. The Court held a
hearing on the motions on July 10, 2018. Based on the motions
that were filed, the written responses, and the arguments
presented at the hearing, the Court enters the following
Government's Motion for Discovery (ECF 11)
government's motion for discovery of information pursuant
to Rule 16 of the Federal Rules of Criminal Procedure is
GRANTED. The defendants shall provide
discovery and disclosures as required by the Fed. R. Crim. P.
Mr. Carson's Motion for Disclosure of 404(b) Evidence
(ECF No. 27)
Carson's motion for disclosure of Rule 404(b) evidence is
GRANTED. The government shall disclose any
evidence it intends to offer at trial pursuant to Fed.R.Evid.
404(b) at least two weeks before trial.
Mr. Carson's Motions for Disclosure of Favorable Evidence
(ECF Nos. 29, 34)
Carson's motions for disclosure of favorable evidence are
GRANTED. The government is obligated to
disclose evidence favorable to the defendants as required by
Brady v. Maryland, 373 U.S. 83 (1963), Giglio v.
United States, 405 U.S. 150 (1972), and their progeny.
These cases place an ongoing obligation on counsel for the
government to disclose exculpatory evidence and impeachment
material to the defendants.
Mr. Carson's Motion for Disclosure of Electronic
Surveillance or Wiretapping Evidence (ECF No. 31)
Carson's motion for disclosure of electronic surveillance
or wiretapping evidence is DENIED AS MOOT.
The government has represented that no such evidence exists.
If the government discovers at a later date that it has such
evidence, it shall promptly inform Mr. Carson.
Mr. Carson's Motion for Disclosure of Expert Witnesses
(ECF No. 32)
Carson's motion for expert discovery is
GRANTED. The government shall make its
expert disclosures at least three weeks
prior to trial. Any expert disclosures to be made by Mr.
Carson must be completed by two weeks before
Mr. Carson's Motion for Discovery (ECF No. 33)
Carson's motion for discovery and inspection is
GRANTED to the extent it seeks discovery and
disclosure consistent with Fed. R. Crim. P. 16. The
government shall continue ...