IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 31, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
RONNY VAZQUEZ, DEFENDANT.
The opinion of the court was delivered by: Reagan, District Judge
At Doc. 53, defendant Vazquez seeks to preclude the admission of alleged co-conspirator Raul Gonzalez Rodriguez' guilty plea, the substance of his statement at the guilty plea hearing and the substance of his plea agreement, citing Crawford v. Washington, 541 U.S. 36, 68 (2004). The government responds, contending there is no confrontation issue since Gonzalez will testify at trial and be subjected to cross examination.
If Gonzales in fact testifies, the motion is DENIED. If he does not testify, it is GRANTED unless the government believes Tennessee v. Street, 471 U.S. 409 (1985) comes into play at which time a side-bar should be requested before the testimony is elicited.
Based upon the governments assertion, for docketing purposes and without prejudice, the motion will be shown as DENIED as MOOT.
IT IS SO ORDERED.
MICHAEL J. REAGAN United States District Judge
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