United States District Court, D. Minnesota
L. Sing and Melinda A. Williams, Assistant United States
Attorneys, (for the Government); and
K. Atwal, Assistant Federal Defender, (for Defendant).
N. Leung United States Magistrate Judge
matter is before the Court, United States Magistrate Judge
Tony N. Leung, on the following motions filed by Defendant:
1. Motion for Discovery and Inspection (ECF No. 20);
2. Pretrial Motion for Disclosure of 404 Evidence (ECF No.
3. Motion to Compel Attorney for the Government to Disclose
Evidence Favorable to the Defendant (ECF No. 22);
4. Motion for Discovery of Expert Under Rule 16(a)(1)(G) (ECF
No. 23); and
5. Motion for Government Agents to Retain Rough Notes and
Evidence (ECF No. 24).
parties agreed to waive the hearing and have the Court decide
these motions on the papers. (Gov't's Omnibus Resp.
at 1, ECF No. 25; Def.'s Letter, ECF No. 26; see
ECF No. 27.) Based upon the record and memoranda, IT
IS HEREBY ORDERED as follows:
Defendant's Motion for Discovery and Inspection (ECF No.
20) is GRANTED IN PART AND DENIED IN PART.
Defendant seeks discovery available under Federal Rule of
Criminal Procedure 16. The Government states that it
“will comply with Fed. R. Crim. P. 16(a)(1)(A)-(F) and
with Rules 702, 703, and 705 of the Federal Rules of
Evidence, ” and objects to the extent that Defendant
seeks discovery outside the scope of these rules.
(Gov't's Omnibus Resp. at 1.) The Government further
states that it “has provided discovery in the case to
date and . . . understands its continuing obligations with
respect to discovery.” (Gov't's Omnibus Resp.
extent that Defendant's motion seeks discovery that the
Government has already produced, Defendant's motion is
denied as moot. To the extent that any other responsive
discovery to Defendant's motion remains in the
Government's control and has not yet been produced,
Defendant's motion is granted.
also requests that, “[i]f prior to trial, the
[G]overnment discovers additional evidence or material
previously requested or ordered which is subject to discovery
or inspection herein requested . . .” that the
Government notify Defendant of such additional evidence or
material. The Court has no reason to doubt that the
Government will honor its continuing disclosure obligations
under Federal Rule of Criminal Procedure 16(c).
Defendant's request, however, is granted, and any such
evidence or material that comes into the Government's
possession, knowledge, or control shall be produced in a
Defendant's Pretrial Motion for Disclosure of 404
Evidence (ECF No. 21) is GRANTED IN PART and
DENIED IN PART. Defendant requests the
disclosure of “any ‘bad act' or
‘similar course of conduct' evidence [the
Government] intends to offer at trial pursuant to Rule 404 of
the Federal Rules of Evidence.” Defendant also requests
that the Government “identify the basis for the
evidence's admissibility and the witnesses through whom
such evidence will be presented at trial.” Defendant
requests that such evidence be disclosed both
“immediately” and “no later than 21-days