United States District Court, D. Minnesota
N. Leung United States Magistrate Judge
M. Hollenhorst, Assistant United States Attorney, United
States Attorney's Office, 300 South 4th Street, Suite
600, Minneapolis, MN 55415 (for the Government); and James S.
Becker, Assistant Federal Defender, Office of the Federal
Defender, 300 South 4th Street, Suite 107, Minneapolis, MN
55415 (for Defendant).
matter is before the Court, United States Magistrate Judge
Tony N. Leung, on the following motions:
1. Government's Motion for Discovery (ECF No. 22);
2. Defendant's Motion for Pretrial Disclosure of 404
Evidence, (ECF No. 40);
3. Defendant's Pretrial Motion to Compel Attorney for the
Government to Disclose Evidence Favorable to the Defendant,
(ECF No. 41);
4. Defendant's Pretrial Motion for Discovery and
Inspection, (ECF No. 42);
5. Defendant's Motion for Discovery and Inspection of
Products and Records of Electronic Surveillance (ECF No. 43);
6. Defendant's Pretrial Motion to Disclose and Make
Informant Available for Interview (ECF No. 44);
7. Defendant's Pretrial Motion for Government Agents to
Retain Rough Notes and Evidence, (ECF No. 45); and
8. Defendant's Motion for Early Disclosure of Jencks Act
Material, (ECF No. 46). Based upon the record, memoranda,
oral arguments of counsel, and the agreement of the parties
as noted at the hearing and in their respective briefs,
IT IS HEREBY ORDERED as
Government's Motion for Discovery (ECF No. 22) is
GRANTED. The motion seeks discovery
available under Federal Rules of Criminal Procedure 12.1,
12.2, 12.3, 16(b), and 26.2. At the hearing, Defendant had no
objection to the motion. Therefore, the Government's
motion is granted; Defendant shall comply with his
obligations under the Federal Rules of Criminal Procedure.
Defendant's Motion for Pretrial Disclosure of 404
Evidence, (ECF No. 40), is GRANTED 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 indicates it is aware of its
obligations under Rule 404. (Gov't Resp. at 1, ECF No.
49). At the hearing, the parties agreed to a deadline of two
weeks before trial for Rule 404(b) disclosures.
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