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United States v. Eggerson

United States District Court, D. Minnesota

July 11, 2018

United States of America, Plaintiff,
v.
Mark Anthony Eggerson 1, and Keyeon Marquis Carson 2 Defendants.

          ORDER

          Katherine Menendez United States Magistrate Judge

         This 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 Order.[1]

         1. Government's Motion for Discovery (ECF 11)

         The 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. 16.

         2. Mr. Carson's Motion for Disclosure of 404(b) Evidence (ECF No. 27)

         Mr. 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.

         3. Mr. Carson's Motions for Disclosure of Favorable Evidence (ECF Nos. 29, 34)

         Mr. 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.

         4. Mr. Carson's Motion for Disclosure of Electronic Surveillance or Wiretapping Evidence (ECF No. 31)

         Mr. 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.

         5. Mr. Carson's Motion for Disclosure of Expert Witnesses (ECF No. 32)

         Mr. 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 trial.

         6. Mr. Carson's Motion for Discovery (ECF No. 33)

         Mr. 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 ...


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