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United States v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 29, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ENOCH SMITH (A.K.A., "RUDY SLACK"), ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Before the Court are two pretrial motions filed by defendant Enock Smith (a.k.a., "Rudy Slack"): Defendant's Motion for Disclosure of Government Evidence Offered Pursuant to Federal Rule of Evidence 404(b) (Doc. 275) and Defendant's Motion for Disclosure of Expert Testimony (Doc. 276). Although the time period allowed for the Government to Respond has not yet expired, because of the upcoming trial date of January 22, 2007, and because Defendant is entitled to such information pursuant to Federal Rule of Criminal Procedure 16, the Court GRANTS both Motions (Docs. 275 & 276).

Accordingly, the Government is hereby ORDERED to:

(1) Disclose and provide to defendant Smith's attorney any and all evidence the Government intends to offer under Federal Rule of Evidence 404(b) by Friday, January 5, 2006 (and maintain future compliance with the Rule); and

(2) Pursuant to Federal Rule of Criminal Procedure 16(G), to provide defendant Smith's attorney with a written summary, by Friday, January 5, 2007, of any testimony it intends to use in its case-in-chief at trial under the Federal Rules of Evidence 702, 703 or 705.

IT IS SO ORDERED.

David RHerndon United States District Judge

20061229

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