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United States v. Philip Macmahon

June 15, 2012

UNITED STATES
v.
PHILIP MACMAHON, ET AL.



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Matthew F. Kennelly than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The Court rules on defendants' pretrial motions as stated below. The Clerk is directed to terminate motions 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112 and 113.

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

The Court rules as follows on the pretrial motions filed by defendants Richard Stokes and Ahmed Idowu:

1. Motion for disclosure of confidential information: This motion is denied as moot based on the government's response that it has produced the informant's identity to defense counsel and will produce the contact information that defendant has requested.

2. Early return subpoenas: The motion for early return subpoenas is granted; both parties are granted leave to serve subpoenas duces tecum with a return date prior to trial. However, because a subpoena is the Court's process, both parties are directed to make available to opposing counsel, upon receipt, any documents, materials, or things obtained pursuant to subpoena.

3. Coconspirator declarations: Consistent with the government's response, the Court directs the government to file a Santiago proffer no less than 28 days prior to trial.

4. Expert disclosures: The government is directed to make any and all Rule 16(a)(1)(E) disclosures no less than 4 weeks prior to trial. If the government does so, defendant is directed to make any and all Rule 16(b)(1)(C) disclosures no less than 2 weeks prior to trial.

5. Agents' notes: The motion to preserve handwritten notes of government agents is granted.

6. Other act evidence: The Court directs the government to disclose all other act evidence that it intends to offer in its case in chief, to impeach any witness (including a defendant), or in rebuttal. See Fed. R. Evid. 404(b), 1991 Advisory Committee Notes; United States v. Vega, 188 F.3d 1150 (9th Cir. 1999). The government must provide a written disclosure of the nature of the evidence, including a general description of the act or acts and the dates, places, and persons involved, and a statement of the issue or issues on which the government believes the evidence is relevant and admissible. It must also produce any documents which contain or constitute evidence of any such other acts. As the government has already agreed, the disclosures must be made no less than 28 days prior to trial, though the Court encourages the government to consider earlier production to facilitate pretrial resolution of admissibility issues and avoid the possible need for a continuance.

As a general rule, a defendant is not entitled to pretrial production of material to be used for impeachment purposes pursuant to Fed. R. Evid. 608(b). However, to the extent that evidence that may be used to impeach under Rule 608(b) also constitutes "other act" evidence within the meaning of Rule 404(b) and the 1991 Advisory Committee Notes to that Rule, or evidence subject to disclosure under Rule 16, the fact that it might also be admissible under ...


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