W. BRIAN GADDY UNITED STATES MAGISTRATE JUDGE
MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE PENDING CHARGES: The Grand Jury returned an indictment on August 30, 2019 that charged Defendant with two counts. Count One charges Defendant that on or about June 5, 2016, Defendant possessed a firearm having been convicted of a crime punishable by imprisonment for a term exceeding one year. Count Two charges Defendant that on or about June 5, 2016, Defendant received a firearm while knowingly under indictment for a crime punishable by imprisonment for a term exceeding one year. The following matters were discussed and action taken during the pretrial conference: TRIAL COUNSEL:
Government: Matthew Moeder
Case Agent: James Manley
Defendant is pro se with stand by counsel David Kelly, and Jared Peterson.
OUTSTANDING MOTIONS:
- Motion for exculpatory matter filed by Defendant on September 8, 2020. Doc 269.
- Motion in limine to prohibit mistake of law defense filed by the Government on September 11, 2020. Doc. 280.
- Motion to deny government's rule 609 notice filed by Defendant on September 22, 2020. Doc 283.
TRIAL WITNESSES:
Government: 14 witnesses
Defendants: 0 witnesses
TRIAL EXHIBITS:
Government: approximately 40 exhibits
Defendants: approximately 16 exhibits
DEFENSES: General denial.
POSSIBLE DISPOSITION:
(
X) Definitely for trial; (___) Possibly for trial; (___) Likely a plea will be worked out
TRIAL TIME: 5 days total
Government's case including jury selection: 2 day(s)
Defendants: 3 day(s)
STIPULATIONS: None
UNUSUAL QUESTIONS OF LAW: None
FILING DEADLINES:
Witness and Exhibit List
Government previously filed its witness list (Doc. 274) and exhibit list (Doc 273) on September 9, 2020.
Defendants: Due on or before October 5, 2020.
Counsel are requested to list witnesses in alphabetical order on their witness list.
Exhibit Index,
if required by the District Court,
Voir Dire,
Jury Instructions: Due on or before October 14,
2020.
Please Note: Jury instructions must comply with Local Rule 51.1
Motion in Limine: The Government has filed its only expected motion in limine on September 11, 2020. Doc. 280. Defendant does not anticipate filing any motions in limine.
TRIAL SETTING: Criminal jury trial docket set for October 19, 2020.
Please note: The Government has requested the second week of the Joint Criminal Trial Docket. Stand-by counsel also requested a setting on the second week of the docket. Defendant has no objection to this.
IT IS SO ORDERED.
DATE: October 1, 2020
/s/ W . Brian Gaddy
W. BRIAN GADDY
UNITED STATES MAGISTRATE JUDGE