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United States v. Warmate

United States District Court, D. Minnesota

March 6, 2019

United States of America, Plaintiff,
v.
Samuel Okoroma Warmate (1), Defendant.

          Amber M. Brennan, Esq., United States Attorney's Office, counsel for Plaintiff.

          Paul Applebaum, Esq., Applebaum Law Firm, and Kyle David White, Esq., Office of Kyle White, counsel for Defendant Warmate.

          ORDER

          BECKY R. THORSON UNITED STATES MAGISTRATE JUDGE

         This action came on for hearing before the Court on March 6, 2019, at the U.S. Courthouse, 316 North Robert Street, St. Paul, MN 55101. Defendant Samuel Okoroma Warmate presented various pretrial motions, and the Government presented a motion for discovery. Based on the file and documents contained herein, along with the memoranda and arguments of counsel, the Court makes the following Order:

         1. The Government's Motion for Discovery Pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3 and 26.2.

         The Government seeks disclosure of documents and tangible objects, reports of examinations and tests, and a written summary of expert testimony pursuant to Fed. R. Crim. P. 16(b). The Government also seeks disclosure of any alibi by the Defendant pursuant to Fed. R. Crim. P. 12.1, and all witness statements pursuant to Fed. R. Crim. P. 26.2. In addition, the Government seeks notice (by the pretrial-motions-hearing date) pursuant to Fed. R. Crim. P. 12.2, if Defendant intends to rely upon the defense of insanity or introduce expert testimony relating to a mental disease or defect or any other mental condition of the Defendant bearing on the issue of guilt. The Government also seeks notice pursuant to Fed. R. Crim. P. 12.3, if Defendant intends to rely upon the defense of actual or believed exercise of public authority on behalf of a law enforcement agency or federal intelligence agency at the time of the offense. Defendant has filed no objection to the motion. Therefore, Defendant is hereby ordered to comply with the discovery and disclosure obligations under the aforementioned rules. The Government's Motion for Discovery Pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3 and 26.2 (Doc. No. 22) is GRANTED.

         2. Defendant's Motion to Dismiss the Indictment.

         Defendant moved to dismiss the indictment on the grounds that the indictment is based on inaccurate or false testimony that was presented during the grand jury proceedings. At the hearing, Defendant withdrew his motion. Therefore, Defendant's Motion to Dismiss the Indictment (Doc. No. 29) is WITHDRAWN.

         3. Defendant's Motion to Suppress Evidence Obtained through Illegal Search and Seizure.

         Defendant moves to suppress any physical evidence obtained as a result of the search of Defendant's office located at a certain address in Roseville, MN. At the hearing, the Government introduced the search warrant materials as Exhibit 1, but did not call any live witnesses. The Court requested post-hearing briefing on this motion. Defendant shall file his post-hearing brief on the issues raised in his suppression motion no later than March 15, 2019, and the Government shall file its response by March 22, 2019. The Court will take Defendant's Motion to Suppress Evidence Obtained through Illegal Search and Seizure (Doc. No. 30) under advisement on March 22, 2019, and issue a Report and Recommendation to the District Court.

         4. Defendant's Motion for Suppression of Statements by Defendant.

         Defendant moves for an order directing the Government to disclose any statements or confessions obtained from him, and to provide him with a pre-trial evidentiary hearing so that he can then determine whether the statements or evidence were obtained in violation of his constitutional rights. The Government represents that it has not obtained any statements or admissions from Defendant. Based on the Government's representation, Defendant's Motion for Suppression of Statements by Defendant (Doc. No. 31) is DENIED AS MOOT.

         5. Defendant's Motion for Disclosure of Impeaching Information and for Disclosure of Exculpatory Evidence.

         Defendant moves, pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, for an order compelling the Government to disclose all evidence favorable to him. The Government states that it has complied and will continue to comply with its obligations under Brady and Giglio v. United States, 405 U.S. 150, 154-55 (1972). Defendant's Motion for Disclosure of Impeaching Information and ...


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